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India: Exemption from capital gains on transfer of shares available under India-Mauritius treaty (High Court decision)

A High Court decision concerning an exemption from capital gains on transfer of shares available under India-Mauritius treaty.

September 3, 2024

The Delhi High Court held that the taxpayer, a company resident in Mauritius, was entitled to exemption from capital gains on the transfer of shares in an Indian company under the India-Mauritius income tax treaty because the taxpayer’s transaction was grandfathered under Article 13(3A) of the treaty and was not designed for the avoidance of tax.

The case is: Tiger Global International III Holdings v. AAR

Read a September 2024 report prepared by the KPMG member firm in India 

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