New Delhi: Indian companies having their management in the country would be taxed in
India as per Indo-Mauritius Double Taxation Avoidance Convention Agreement (DTAC)
even if they are incorporated in Mauritius, Rajya Sabha was informed on March
11.
The circular issued on February 10, 2003 has clarified that where it is found as a
fact that a company has its place of effective management in India, then
notwithstanding its being incorporated in Mauritius, it would be taxed in India as
per Indo-Mauritius DTAC, Finance Minister Jaswant Singh said in a written
reply.
Central Board of Direct Taxes had earlier issued a circular on April 13, 2000 to
clarify provisions regarding taxation of income from dividends and capital gains
under the Indo-Mauritius DTAC.
This circular also specified that a certificate of residence issued by the Mauritian
authorities should be regarded as sufficient proof of residence of an entity.
The latest circular was issued to remove any doubts of the earlier circular, Singh
said.
PTI