Treaty between India and Mauritius – Indian decision upholding imposition of withholding tax on capital gains arising in India

The Bombay High Court delivered an order dated 23 March 2009 in the case of E*Trade Mauritius Ltd. v. ADIT & Others (2009-TIOL-166-HC-MUM-IT) on the imposition of withholding tax on capital gains arising from the sale of an Indian company under the India-Mauritius tax treaty.
(a) Facts. The Taxpayer (i.e. E*Trade Mauritius Ltd.) was a company incorporated in Mauritius and was a wholly owned subsidiary of E*Trade Financial Corporation (E*Trade US), which was a compa…