India Mauritius DTAA in 2026 with Capital Gains, PPT and Rates

Written by Nihal Srivastava, Krystal7 Consultants. Last updated 2 October 2026.

Under the India Mauritius DTAA, India taxes gains on shares of an Indian company acquired on or after 1 Apr 2017 under Article 13(3A). Older shares stay taxable only in Mauritius under Article 13(4). Dividends to a 10 percent corporate holder bear up to 5 percent. Interest bears 7.5 percent, royalties 15 percent and technical fees 10 percent. A 2024 protocol adds a principal purpose test. Each claim needs a Mauritius tax residence certificate and Form 41 under section 159(8) of the Income Tax Act, 2025.

This page covers the treaty rates, the 2016 and 2024 protocols, grandfathering, Article 27A, the Tiger Global case, permanent establishment, documents and substance. It ends with worked examples, common mistakes, a checklist and 18 FAQs. Rupee amounts use Indian grouping: INR 1,00,00,000 is one crore.

What does the India Mauritius DTAA cover?

The India Mauritius Double Taxation Avoidance Convention (DTAA) is the income tax treaty the two countries signed on 24 Aug 1982. It entered into force on 6 Dec 1983, and India notified it by GSR 920(E) of 26 Dec 1983. It decides which country may tax a Mauritius company's Indian income. It also caps India's rate on dividends, interest, royalties and technical fees.

For about three decades the treaty let a Mauritius resident sell Indian shares free of Indian capital gains tax. That made Mauritius the usual holding base for foreign capital entering India. The 2016 protocol ended that for shares acquired from 1 Apr 2017. The 2024 protocol adds an anti abuse test to every benefit.

Instrument	Dates	What it did
Convention, GSR 920(E)	Signed 24 Aug 1982; in force 6 Dec 1983; notified 26 Dec 1983	Original treaty; corrigendum GSR 816(E) of 18 Dec 1984
2016 protocol, S.O. 2680(E)	Signed 10 May 2016; in force 19 Jul 2016; notified 10 Aug 2016	Source taxation of share gains; 7.5% interest cap; new Article 12A on technical fees; service PE; Article 27A; information exchange and collection articles
2024 protocol	Signed 7 Mar 2024; Mauritius Cabinet approved ratification on 17 Jul 2026; Mauritius regulations made 29 Jul 2026 (Government Notice No. 136 of 2026)	New preamble and a principal purpose test (PPT) in new Article 27B

Sources: India Mauritius DTAA page on incometaxindia.gov.in; Notification No. 68/2016; Mauritius Cabinet highlights of 17 Jul 2026; Mauritius Government Notice No. 136 of 2026.

From 1 Apr 2026, section 159 of the Income Tax Act, 2025 gives effect to the treaty. It replaced section 90 of the 1961 Act. Under section 159(4), the Act applies only where it is more beneficial to the taxpayer. Section 159(6) still applies the General Anti Avoidance Rule (GAAR) in Chapter XI, even where GAAR is not beneficial.

Article 4 decides residence. A person other than an individual that is resident in both countries is treated as resident where its place of effective management is. Article 22(3), added in 2016, lets India tax income arising here that no other article covers.

What withholding rates apply under the India Mauritius DTAA?

The treaty caps India's tax on dividends at 5 percent for a company holding directly at least 10 percent of the capital. Other dividends bear up to 15 percent. Interest is capped at 7.5 percent. Royalties are capped at 15 percent and fees for technical services at 10 percent. Each cap needs the Mauritius resident to be the beneficial owner.

Income from India	Article	Treaty cap	Condition	Domestic rate for a foreign company, tax year 2026-27 (before surcharge and cess)
Dividends	10(2)(a)	5%	Beneficial owner is a company holding directly at least 10% of the capital	20%, section 207(1)
Dividends	10(2)(b)	15%	All other cases	20%, section 207(1)
Interest	11(2)	7.5%	Beneficial owner resident in Mauritius	20% on foreign currency loans; 35% on rupee loans
Interest to a Mauritius bank on debt existing on or before 31 Mar 2017	11(3A)	Exempt	Bona fide banking business	As above
Royalties	12(2)	15%	Beneficial owner	20%, section 207(2)
Fees for technical services	12A(2)	10%	Beneficial owner; no PE link	20%, section 207(2)
Gains on shares acquired before 1 Apr 2017	13(4)	Taxable only in Mauritius	Shares in an Indian company	12.5% long term, 35% short term (unlisted)
Gains on shares acquired from 1 Apr 2017	13(3A)	No cap	None	12.5% long term, 35% short term (unlisted)
Gains on debentures and other property	13(4)	Taxable only in Mauritius, on our reading	Not shares, land or PE assets	Depends on the asset
Income not dealt with elsewhere	22(3)	No cap	India may tax	Rate in force

Sources: India Mauritius DTAA as amended by the 2016 protocol; sections 197 and 207 of the Income Tax Act, 2025; Finance Act, 2026, First Schedule.

The Indian payer deducts under section 393(2), Table serial 17, at the "rates in force". That is the Finance Act rate or the treaty rate, as applicable. A payer holding the treaty documents deducts at the lower treaty rate. Our guide to TDS on payments to non residents covers the mechanics.

Domestic rate against treaty rate

Domestic rates carry surcharge and 4 percent Health and Education Cess. A foreign company's surcharge is 2 percent above INR 1,00,00,000 of income in the year. It is 5 percent above INR 10,00,00,000. Add up all payments to one payee before you pick the slab.

Payment to a Mauritius company	Domestic base rate	Effective rate in the 2% surcharge slab	Treaty rate we apply
Dividend, 10% or more holding	20%	21.216%	5%
Dividend, holding below 10%	20%	21.216%	15%
Interest on a foreign currency loan from the parent	20%	21.216%	7.5%
Interest on a rupee loan from the parent	35%	37.128%	7.5%
Royalty	20%	21.216%	15%
Fee for technical services	20%	21.216%	10%
Long term gain on unlisted shares acquired from 1 Apr 2017	12.5%	13.26%	No treaty cap

We apply the treaty rate flat, without surcharge or cess. Tribunal rulings support that reading, but no CBDT circular settles the point. So Form 146 should state the article and the flat rate.

Three features stand out against India's other treaties. The 5 percent dividend rate applies from a 10 percent holding, where Singapore needs 25 percent for its 10 percent rate. The 7.5 percent interest cap is lower than the 15 percent in the US, UK and Singapore treaties. The 15 percent royalty cap is higher than the 10 percent most newer treaties carry.

The interest cap matters most for loans from a Mauritius parent. Rupee interest bears 35 percent at home against a 7.5 percent treaty cap. The 5 percent rate in serial 2 of section 393(2) covers only foreign currency borrowings from 1 Jul 2012 to 30 Jun 2023.

The caps on dividends, interest, royalties and technical fees fall away where the holding, debt or contract is effectively connected with an Indian permanent establishment (PE). The income is then business profit under Article 7. Our dividend guide covers the company law side of paying a Mauritius parent.

How are capital gains taxed under the India Mauritius DTAA?

India may tax gains on shares of an Indian company that a Mauritius resident acquired on or after 1 Apr 2017, under Article 13(3A). Since 1 Apr 2019 India applies its full domestic rate. Shares acquired before 1 Apr 2017 fall under Article 13(4) and are taxable only in Mauritius. Gains from land and PE assets stay taxable in India under Articles 13(1) and 13(2).

Before the 2016 protocol, Article 13(4) gave Mauritius the sole right to tax all share gains. Mauritius did not tax them. The protocol added paragraphs 3A and 3B and narrowed paragraph 4. Article 9 of the protocol gives the Article 13 changes effect in India from assessment year 2018-19.

Article 13(3A) reads as follows. "Gains from the alienation of shares acquired on or after 1st April 2017 in a company which is resident of a Contracting State may be taxed in that State." Article 13(4) now covers "any property other than that referred to in paragraphs 1, 2, 3 and 3A". So shares acquired before 1 Apr 2017 stay inside paragraph 4.

Shares acquired	Gain arises	Article	Who may tax	Conditions
Before 1 Apr 2017	Any date	13(4)	Mauritius only	Treaty residence and beneficial ownership; GAAR carve out under rule 128
On or after 1 Apr 2017	1 Apr 2017 to 31 Mar 2019	13(3A) read with 13(3B)	India, at up to 50% of the Indian rate	Article 27A, with the spending test over the 12 months before the gain
On or after 1 Apr 2017	From 1 Apr 2019	13(3A)	India, at the full domestic rate	None in the treaty; Mauritius gives credit under Article 23(4)
Debentures, including compulsorily convertible debentures	Any date	13(4)	Mauritius only, on our reading	GAAR; the 2024 PPT once it applies

Where India taxes the gain, domestic rules apply in full. Unlisted shares held for more than 24 months give long term gains at 12.5 percent under section 197. Section 197(4) computes a foreign company's gain on unlisted securities in rupees, without the foreign currency method in section 72(6). Short term gains on unlisted shares bear 35 percent. Surcharge and cess apply on top.

A resident buyer withholds under section 393(2), serial 17, on the sum chargeable. For grandfathered shares, the buyer usually wants a nil certificate in Form 128 before paying gross. Our note on lower TDS certificates covers that application.

Four points decide most Mauritius exits we review:

1. Acquisition date by lot. Check each lot against the register of members and the FC-GPR or FC-TRS filings. A 2014 subscription and a 2018 rights issue fall under different paragraphs.
2. Later shares on old holdings. Bonus shares, conversions of debentures and rights shares issued after 31 Mar 2017 raise their own date question. We seek a Form 128 certificate instead of assuming Article 13(4).
3. Indirect transfers. India can tax a sale of a Mauritius company, or of a company above it, under the indirect transfer rule in section 9. This was the setting of the Tiger Global case. The Indian company reports such transfers in Form 163 (old Form 49D).
4. Buy backs. The Finance Act, 2026 taxes buy back consideration as a capital gain from 1 Apr 2026. On our reading, Article 13 now decides India's right to tax a buy back from a Mauritius parent, not Article 10.

What is grandfathering for pre 2017 investments?

Grandfathering means shares a Mauritius resident acquired before 1 Apr 2017 keep the old treaty result. A gain on them is taxable only in Mauritius under Article 13(4), whenever the sale happens. Article 27A does not apply to these gains. CBDT Circular No. 01/2025 keeps them outside the PPT, and rule 128 keeps GAAR away from them.

The Mauritius grandfathering differs from Singapore's in one way that founders often miss. Under the India Singapore treaty, Article 24A tests every grandfathered gain for shell status. Under the Mauritius treaty, Article 27A applies only to "the benefits of Article 13(3B)". That is the 50 percent transition rate for gains from 1 Apr 2017 to 31 Mar 2019. The grandfathered gain under Article 13(4) carries no spending test in the treaty text.

That does not make an old Mauritius holding safe by default. Four tests still apply to it:

1. Treaty residence. The seller must be resident in Mauritius under Article 4, with its place of effective management there if India also claims it.
2. The right to the treaty at all. India can question whether the seller is the real owner and whether the structure was a sham. That was the revenue's case in Tiger Global.
3. GAAR. Rule 128(2) of the Income Tax Rules, 2026 excepts income from the "transfer of such investments which were made before the 1st April, 2017 by such person". The carve out protects the investment, not every later arrangement around it.
4. Indirect transfers. A sale above the Mauritius company is a different transaction from a sale of the Indian shares.

Question on an old holding	Where the answer sits	What we check
Were the Indian shares acquired before 1 Apr 2017?	Article 13(3A) and 13(4)	Allotment date in the register, FC-GPR or FC-TRS acknowledgement, share certificates
Is the seller a Mauritius resident?	Article 4; section 159(8)	Tax Residence Certificate covering the date of sale
Does the PPT apply?	Circular No. 01/2025, part B	Grandfathering provisions stay outside the PPT
Does GAAR apply?	Section 159(6); rule 128(2) as amended on 31 Mar 2026	Investment made before 1 Apr 2017 by the same person
Is it a direct or indirect sale?	Article 13; section 9	Which entity's shares change hands
Who controls the seller in practice?	Section 6(10); beneficial ownership	Board minutes, bank mandates, who signed the exit documents

The 2024 protocol has not reopened grandfathering, as far as the official texts show. Circular No. 01/2025 states that grandfathering under the Mauritius, Singapore and Cyprus treaties "shall remain outside the purview of the PPT provision". It adds that the specific provisions of each treaty govern them instead.

What is Article 27A and when does it apply?

Article 27A is the limitation of benefits clause the 2016 protocol added. It denies the 50 percent transition rate in Article 13(3B) to a shell or conduit company. A Mauritius company spending under MUR 1,500,000 on operations in Mauritius in the 12 months before the gain is deemed a shell. The mirror figure for an Indian resident is INR 27,00,000.

Article 13(3B) applied only to gains arising from 1 Apr 2017 to 31 Mar 2019. So Article 27A now matters mainly for assessments and disputes over that window. For gains after 31 Mar 2019, India taxes at the full domestic rate and no treaty relief remains for Article 27A to deny.

Test	Paragraph	What the text says	How it was evidenced
Primary purpose	27A(1)	No 13(3B) benefit if affairs were arranged with the primary purpose of taking it	Board papers from the time of investment
Shell or conduit	27A(2)	No 13(3B) benefit for an entity with negligible or nil business operations, or no real and continuous business activities in Mauritius	Staff, office, contracts and revenue in Mauritius
Deemed shell	27A(3)	Expenditure on operations in Mauritius below MUR 1,500,000 in the immediately preceding 12 months from the date the gain arises	Audited accounts cut to the 12 months before the sale
Deemed not a shell	27A(4)	Listed on a recognised stock exchange in Mauritius, or spending at or above MUR 1,500,000 in that period	Listing record or a spending schedule
Explanation	27A	Entities without bona fide business activities fall under paragraph 1	Meeting the spending test does not end the inquiry
Mirror test for an Indian resident	27A(3), 27A(4)	INR 27,00,000 instead of MUR 1,500,000	Applies when an Indian company claims in Mauritius

Source: Article 8 of the 2016 protocol, Notification No. 68/2016.

Many summaries say Article 27A protects grandfathered gains. The treaty text does not say that. We still keep a Mauritius spending schedule for every holding company. Spending in Mauritius is good evidence of residence and substance under the PPT, GAAR and section 6(10).

What did the 2024 protocol change and is it in force?

The 2024 protocol, signed on 7 Mar 2024, adds a new preamble and a principal purpose test in new Article 27B. The PPT denies a treaty benefit where obtaining it was one of the principal purposes of an arrangement. The exception is where granting it fits the treaty's object and purpose. Mauritius approved ratification on 17 Jul 2026. No Indian notification was on incometaxindia.gov.in on 2 Oct 2026.

The new preamble states that the treaty aims to eliminate double taxation without creating opportunities for non taxation or reduced taxation through tax evasion or avoidance. That includes treaty shopping arrangements. The old wording on encouraging mutual trade and investment goes. The protocol does not change any rate, Article 13 or Article 27A.

Status as of 2 Oct 2026

1. 7 Mar 2024. India and Mauritius sign the protocol.
2. 17 Apr 2024. The Mauritius Revenue Authority says the protocol "is yet to be ratified by Mauritius" and takes effect only once both countries ratify and notify.
3. 21 Jan 2025. CBDT Circular No. 01/2025 says a bilateral PPT applies from the date of entry into force of the protocol that adds it. It keeps Mauritius grandfathering outside the PPT.
4. 31 Mar 2026. CBDT amends rule 10U of the 1962 Rules and rule 128 of the 2026 Rules to keep GAAR away from investments made before 1 Apr 2017.
5. 17 Jul 2026. The Mauritius Cabinet agrees to the Double Taxation Avoidance Agreement (India) (Amendment) Regulations 2026. It records that the Indian authorities clarified their stand in a way favourable to Mauritius. It says the protocol "will enter into force on the date of notification to the Indian authorities of the completion of the ratification procedures".
6. 29 Jul 2026. The Mauritius Minister makes those regulations as Government Notice No. 136 of 2026. The MRA treaty page lists them as the 2026 protocol amendment. As we read regulation 6, the protocol starts in Mauritius on a date the Minister fixes by notice in the Gazette. We have not seen that notice.
7. August 2026. Practitioner reports put entry into force in August 2026. We found no official notice from either country that states the date.
8. 2 Oct 2026. The India Mauritius page on incometaxindia.gov.in still lists S.O. 2680(E) of 10 Aug 2016 as the last notification. No Indian notification of the protocol was on the department's site on that date. Check that page and the MRA treaty page before relying on either position.

Article 3 of the protocol says it enters into force on the date of the later of the two countries' notifications. The Cabinet said entry into force waited only on Mauritius notifying India. On our reading, India had already completed its own side. What we could not find in India is the notification that gives the protocol effect under section 159.

When does the PPT bite?

Circular No. 01/2025 answers part of this. For treaties where the PPT came through a bilateral protocol, it applies "from the date of entry into force of the DTAA or the Amending Protocol incorporating the PPT". It does not apply to periods before that.

Article 3 of the protocol sets the effect date. We read it in the text set out in Mauritius Government Notice No. 136 of 2026. Its provisions "shall have effect from the date of entry into force of the Protocol". That holds "without regard to the date on which the taxes are levied or the taxable years to which the taxes relate".

Read together with the circular, our working view is this. The PPT can test any treaty claim on income paid or arising on or after the entry into force date. That includes a dividend on old shares or a 7.5 percent interest payment on an old loan. It does not reach grandfathered gains.

Item	Before the 2024 protocol applies	After it applies	Instrument
Preamble	Elimination of double taxation and encouraging trade and investment	Elimination of double taxation without non taxation or treaty shopping	2024 protocol
Anti abuse test on dividends, interest, royalties, fees	Beneficial ownership; GAAR	Adds the PPT	2024 protocol; section 159(6)
Gains on shares acquired before 1 Apr 2017	Article 13(4)	Article 13(4); outside the PPT	Circular No. 01/2025
Gains on shares acquired from 1 Apr 2017	Taxed in India	Taxed in India	2016 protocol
Debenture and other gains under Article 13(4)	Mauritius only; GAAR	Adds the PPT	2024 protocol
Officer guidance	None specific	UN Model Commentary on Articles 1 and 29 (2021) and BEPS Action 6, subject to India's reservations	Circular No. 01/2025

On our reading, the Multilateral Instrument (MLI) does not carry a PPT into this treaty. The incometaxindia.gov.in treaty pages show no MLI synthesised text for Mauritius, unlike Singapore and the UAE. That is why India negotiated the PPT bilaterally. Section 536 of the Income Tax Act, 2025 keeps Circular No. 01/2025 alive where it is consistent with the new Act.

Does a Mauritius TRC still protect a structure?

A Mauritius Tax Residence Certificate (TRC) is a condition of treaty relief under section 159(8)(a), so a claim fails without it. It no longer ends the inquiry. GAAR applies under section 159(6), the 2024 PPT tests the purpose of an arrangement, and India can question residence and beneficial ownership. The Supreme Court heard these arguments in Tiger Global and allowed the revenue's appeals on 15 Jan 2026.

For years the TRC carried more weight. CBDT Circular No. 789 of 13 Apr 2000 said a Mauritius TRC was sufficient evidence of residence and beneficial ownership. The Supreme Court upheld that circular in Union of India v. Azadi Bachao Andolan in 2003. Investors read the two together as a promise that India would not look behind a TRC.

On 15 Jan 2026 the Supreme Court decided Authority for Advance Rulings (Income Tax) v. Tiger Global International II Holdings (2026 INSC 60). The Tiger Global companies, incorporated in Mauritius, sold shares of a Singapore company that held Indian businesses. The Authority for Advance Rulings rejected their applications on 26 Mar 2020 as prima facie designed to avoid tax. The Delhi High Court quashed that order on 28 Aug 2024, and the revenue appealed.

The arguments before the Court turned on three questions:

1. TRC. Is a TRC conclusive proof of residence and beneficial ownership, or only prima facie evidence?
2. Circular 789 and Azadi Bachao. Did they cover a global business company holding shares, or mainly foreign institutional investors?
3. Grandfathering. Did old rule 10U(1)(d) protect investments made before 1 Apr 2017 from GAAR, despite rule 10U(2)?

In Tiger Global (2026 INSC 60, 15 Jan 2026) the Supreme Court allowed the revenue's appeals and set aside the Delhi High Court judgment. We do not restate the Court's detailed reasoning here. Commentators read the ruling as limiting reliance on a TRC alone. Read the judgment itself before relying on any summary of it.

The practical answer has not changed since GAAR arrived. A TRC is the entry ticket, and the substance file decides the claim.

Benefit claimed by a Mauritius company	TRC and Form 41	Beneficial ownership	Article 27A	2024 PPT, once in effect	GAAR
Dividend at 5% or 15%	Yes	Yes, Article 10(2)	No	Yes	Yes
Interest at 7.5%	Yes	Yes, Article 11(2)	No	Yes	Yes
Royalty at 15% or technical fee at 10%	Yes	Yes, Articles 12 and 12A	No	Yes	Yes
Gain on shares acquired before 1 Apr 2017	Yes	Not in Article 13	No	No, per Circular 01/2025	No, per rule 128 as amended
Gain under Article 13(3B), 2017 to 2019	Yes	Not in Article 13	Yes	Not relevant to that period	Yes
Gain on debentures under Article 13(4)	Yes	Not in Article 13	No	Yes	Yes

CBDT amended the GAAR rules on 31 Mar 2026:

1. Notification No. 54/2026 (G.S.R. 240(E)). The Income Tax (Tenth Amendment) Rules, 2026 amended rule 10U of the Income Tax Rules, 1962, from publication.
2. Notification No. 55/2026 (G.S.R. 241(E)). The Income Tax (Amendment) Rules, 2026 amended rule 128 of the Income Tax Rules, 2026, from 1 Apr 2026.

Rule 128(2) now applies Chapter XI to any arrangement for a tax benefit obtained on or after 1 Apr 2017. It excepts income from the transfer of investments made before 1 Apr 2017 by the same person.

What substance does a Mauritius company need?

A Mauritius company needs a real business in Mauritius that an Indian tax officer can see in its records. The treaty sets one number, MUR 1,500,000 of yearly spending, and only for the 2017 to 2019 transition gains. The PPT, GAAR, beneficial ownership and residence reviews look further. The points below are our practice, not a list from the treaty.

Mauritius law adds its own layer. A company holding a Global Business Licence applies for its TRC through the Financial Services Commission, which recommends it to the Mauritius Revenue Authority (MRA). The MRA processes only applications the Commission recommends, and a TRC is valid for at most one year. Mauritius counsel should confirm the current licensing substance rules for the company.

Area	What we look for	Rule it supports
Board	Most directors resident in Mauritius, able to judge the Indian investment	Article 4; section 6(10); PPT
Decisions	Dividends, funding, fees and exits decided and minuted in Mauritius before the Indian company acts	PPT; place of effective management
People	Staff in Mauritius with real roles, such as treasury, investment monitoring or regional administration	Article 27A(2); GAAR
Premises	An office in Mauritius, beyond a management company's address	Article 27A(2); PPT
Spending	Operating spend of at least MUR 1,500,000 a year, tracked by 12 month period	Article 27A(3) and 27A(4); evidence for the PPT
Money	A bank account in Mauritius that receives the Indian income and is run from Mauritius	Beneficial ownership in Articles 10, 11 and 12
Discretion	No duty in contract or practice to pass dividends or interest straight on	Beneficial ownership
Commercial reasons	A dated note of why the group used Mauritius, such as investors, financing or an Africa platform	PPT; GAAR
Who signs	Exit and funding documents signed by Mauritius directors under Mauritius board approval	Tiger Global arguments on control

We see three weak spots often. The first is a board of nominee directors who sign what the group sends them. The second is bank mandates held by people outside Mauritius. The third is one investment adviser outside Mauritius taking every real decision.

Substance also cuts the other way. A Mauritius company whose real decisions are taken in India risks Indian residence under section 6(10) of the Income Tax Act, 2025. Section 6(10)(b) asks where "key management and commercial decisions" are "in substance, made".

How are technical and management fees taxed under Article 12A?

Article 12A lets India tax fees for technical services paid to a Mauritius resident at up to 10 percent of the gross fee. The definition covers payments for "managerial or technical or consultancy services, including the provision of services of technical or other personnel". It has no make available test. Routine management and support fees from a Mauritius parent fall within it.

Before the 2016 protocol, the treaty had no technical fees article. A service fee was business profit under Article 7, taxable in India only through a PE. Article 3 of the protocol inserted Article 12A, with effect in India for income from the fiscal year beginning 1 Apr 2017.

The result differs from Singapore and the UAE. A Singapore parent pays 10 percent only if the service makes technology available, and nothing otherwise without a PE. The UAE treaty has no technical fees article at all. A Mauritius parent charging a group support fee pays 10 percent either way.

Service from a Mauritius parent to its Indian company	Article on our reading	Indian tax without a PE	What we keep on file
Regional finance, HR and legal support	12A, managerial or consultancy service	10%	Service agreement, cost base, allocation key
Seconded engineer working under the Indian company's direction	12A, provision of technical personnel; secondment rules also apply	10%	Secondment agreement and payroll records
Board level investment monitoring	12A, managerial service	10%	Engagement letter and output
Software licence or use of a trademark	12, royalty	15%	Licence agreement; test against the Engineering Analysis ruling for software
Pure reimbursement of third party cost at cost	Not income, on our reading	Nil	Third party invoices and a cost to cost schedule

Article 12A(3) excludes payments covered by Articles 14 and 15, the personal services articles. Article 12A(4) moves the fee to Article 7 if it is effectively connected with a PE. Article 12A(6) limits the 10 percent cap to an arm's length amount where the parties are related.

The fee goes on Form 145, Part C, after a chartered accountant's Form 146. Our Form 15CA and 15CB guide explains the parts, now in Forms 145 and 146.

When does a Mauritius company have a permanent establishment in India?

A Mauritius company has a permanent establishment (PE) in India if it has a fixed place of business here, such as an office, branch or place of management. Since 2017, Article 5(2)(j) also covers services furnished through employees or other personnel. They create a PE once they run for more than 90 days within any 12 month period on the same or connected projects.

PE trigger	Article	Threshold	Typical risk for a Mauritius parent
Fixed place of business: place of management, branch, office, factory, workshop	5(1), 5(2)	No day count	Parent staff using a room in the Indian office as their own
Service PE through employees or other personnel	5(2)(j)	More than 90 days within any 12 month period, same or connected project	Parent staff working in India on a long project
Effective management in India	4(3); section 6(10)	Where key decisions are made in substance	Mauritius board decisions taken in India
Dependent agent	5(4)	Acts for the parent in India and is not an agent of independent status under 5(5)	Indian staff negotiating and closing deals for the parent

The 90 day test counts days across any 12 month window, not the tax year. A team that spends 50 days in India from October to December and 45 days from January to March crosses it.

A PE changes the regime. India taxes the profit attributable to the PE at the foreign company rate of 35 percent, plus surcharge and cess, through a return. Technical fees and royalties connected with the PE move out of the 10 and 15 percent caps. Our guide on how to avoid permanent establishment risk covers the controls.

What documents does a Mauritius company need to claim treaty benefits?

Section 159(8) of the Income Tax Act, 2025 needs two things. One is a TRC from the Government of Mauritius, which the MRA issues. The other is the prescribed information in Form 41, filed online under rule 75. The Indian payer also wants a PAN or rule 217 details, declarations and a chartered accountant's Form 146.

Document	Issued or filed by	What it supports	Timing
Tax Residence Certificate (TRC)	MRA, on the Financial Services Commission's recommendation for a Global Business Licence holder	Section 159(8)(a); Article 4	Valid for up to one year; must cover the payment date
Form 41 (old Form 10F)	Mauritius company, online	Section 159(8)(b); rule 75	Once per tax year, before the first payment
PAN, or the six rule 217 details	Mauritius company	Avoids the higher rate under section 397(2)	Before tax is deducted
Beneficial ownership declaration, with the register showing the holding	Mauritius company and Indian company	Articles 10(2), 11(2), 12(2) and 12A(2)	Each year and on each dividend date
No PE declaration	Mauritius company	Articles 7, 10, 11, 12 and 12A	Each year, updated on any change
Acquisition records by lot	Both companies	Article 13(3A) and 13(4)	Before any share sale
Substance file and commercial reasons note	Mauritius company	PPT; GAAR; section 6(10)	Kept current; refreshed before large payments or exits
Form 146 (old 15CB), then Form 145 (old 15CA)	Chartered accountant, then Indian company	Rate and article examined	Before the money leaves India
Form 131 (old 16A)	Indian company, from TRACES	Credit for Indian tax	Within 15 days of the Form 144 due date

The Form 41 guidance note says the form is filed "only once in a tax year" and PAN is optional. It also says: "Benefit of DTAA is available only with filing of Form 41." The Mauritius company still needs a PAN for the Indian return a treaty rate triggers.

The MRA communique of 6 Jan 2022 says all TRC applications are made online. India's tax year runs April to March. A Mauritius TRC valid for one year from a mid year date may not cover every payment, so check the dates before each remittance.

If the TRC is late, deduct at the domestic rate, and the Mauritius company claims the excess through its Indian return. The alternative is a lower deduction certificate in Form 128 under section 395(1).

Does a Mauritius company have to file an Indian tax return?

Yes, whenever it takes a treaty rate below the domestic rate. Section 207(8) of the Income Tax Act, 2025 excuses a foreign company only on two conditions. Its Indian income must consist of section 207 items, and tax must be deducted at the section 207 rate or more. A 5 percent dividend or 7.5 percent interest fails the second condition.

So a Mauritius parent paid a 5 percent dividend files an Indian return for that tax year. It needs a PAN, and section 263 sets the due date for companies. The return is also where it recovers tax deducted at the domestic rate before its TRC arrived.

Capital gains and PE profits also need a return. On our reading, section 207(8) covers dividends, interest, royalties and technical fees, not capital gains. A grandfathered gain claimed exempt under Article 13(4) still goes in a return, with the treaty claim disclosed.

How does Mauritius give credit for Indian tax?

Article 23(4)(a) of the treaty requires Mauritius to allow Indian tax on Indian income as a credit against Mauritius tax on that income. Whether the Mauritius company pays any Mauritius tax on an Indian dividend, interest or fee is a Mauritius law question. Ask Mauritius counsel before choosing between a dividend, interest and a fee.

Our repatriation guide compares the routes from the Indian side.

Is the Mauritius route still useful for FDI in 2026?

For new investment, the Mauritius route no longer saves Indian capital gains tax, because Article 13(3A) taxes shares acquired from 1 Apr 2017. It still offers a 5 percent dividend rate from a 10 percent holding and a 7.5 percent interest cap. The PPT, GAAR and Tiger Global now make substance the deciding factor.

Point	India Mauritius	India Singapore	India UAE
Dividend cap	5% (10% holding); 15%	10% (25% holding); 15%	10%
Interest cap	7.5%; bank exemption on pre April 2017 debt	10% bank; 15% other	5% bank; 12.5% other
Royalty cap	15%	10%	10%
Technical fees	10%, no make available test	10%, make available test	No article; business profit
Shares acquired before 1 Apr 2017	Mauritius only, Article 13(4); no spending test	Singapore only, Article 13(4A); Article 24A spending test	No grandfathering
Shares acquired from 1 Apr 2017	India taxes	India taxes	India taxes
PPT	2024 protocol	Through the MLI from 1 Apr 2020	Through the MLI

Sources: India Mauritius DTAA; our India Singapore DTAA guide and India UAE DTAA guide, each read against the treaty texts on incometaxindia.gov.in.

The choice of holding country now turns more on non tax points: investors, banking, the parent's own tax position and where real staff sit. For listed market investment through a foreign portfolio investor, the rules differ again.

What changed in 2026

The treaty text did not change in Indian law during 2026. The incometaxindia.gov.in page lists no notification after S.O. 2680(E) of 10 Aug 2016, as of 2 Oct 2026. Mauritius moved to ratify the 2024 protocol, and the Indian law around the treaty changed: a new Act and rules, a Supreme Court ruling and a GAAR rule amendment.

Item	Until 31 Mar 2026	From 1 Apr 2026 or later	Instrument
Treaty relief and the more beneficial rule	Section 90(1) and 90(2)	Section 159(4)	Income Tax Act, 2025
GAAR override of treaties	Section 90(2A)	Section 159(6)	Income Tax Act, 2025
Tax residency certificate and other documents	Section 90(4) and 90(5)	Section 159(8)(a) and 159(8)(b)	Income Tax Act, 2025
Treaty information form	Form 10F, rule 21AB	Form 41, rule 75	Income Tax Rules, 2026
Withholding on payments to non residents	Section 195	Section 393(2), Table serial 17	Income Tax Act, 2025
Rates on dividends, interest, royalties and technical fees	Section 115A	Section 207	Income Tax Act, 2025
Return filing exemption	Section 115A(5)	Section 207(8)	Income Tax Act, 2025
Remittance, statement and certificate forms	Forms 15CA, 15CB, 27Q and 16A	Forms 145, 146, 144 and 131	Income Tax Rules, 2026
Indirect transfer reporting	Form 49D	Form 163	Income Tax Rules, 2026
GAAR carve out for investments made before 1 Apr 2017	Rule 10U(1)(d), read with rule 10U(2)	Rule 128(2) as substituted; rule 10U also amended	Notification Nos. 54/2026 and 55/2026, 31 Mar 2026
Tax residency certificate as proof	Relied on under Circular 789 and Azadi Bachao	Supreme Court allowed the revenue's appeals in Tiger Global and set aside the Delhi High Court judgment on 15 Jan 2026	Supreme Court, 2026 INSC 60
2024 protocol (PPT)	Signed, not ratified by Mauritius	Mauritius Cabinet approved ratification 17 Jul 2026; regulations made 29 Jul 2026; practitioner reports put entry into force in August 2026; no Indian notification on incometaxindia.gov.in on 2 Oct 2026	2024 protocol; Mauritius Cabinet highlights; Government Notice No. 136 of 2026
Buy back by an Indian company	Deemed dividend from 1 Oct 2024, so Article 10	Capital gain, so Article 13 on our reading	Finance Act, 2026

Board packs, Forms 146 and bank letters should now cite sections 159 and 393, not sections 90 and 195. The other changes are mapped in our note on the Income Tax Act, 2025.

Worked example

A Mauritius parent receiving a dividend, a fee and interest

MauCo Ltd is resident in Mauritius and owns 100 percent of IndiaCo Private Limited. In tax year 2026-27 IndiaCo pays MauCo three amounts:

1. An interim dividend of INR 5,00,00,000. IndiaCo's Board declares it on 10 Nov 2026 under section 123(3) of the Companies Act, 2013.
2. A management fee of INR 1,00,00,000. MauCo provides regional finance and treasury support. IndiaCo books the fee on 30 Oct 2026.
3. Interest of INR 40,00,000 on a foreign currency external commercial borrowing from MauCo, credited on 31 Dec 2026.

MauCo filed Form 41 for tax year 2026-27 in May 2026. It holds a TRC covering all three dates, has a PAN and has given beneficial ownership and no PE declarations. Its staff spent 20 days in India.

The dividend bears 5 percent under Article 10(2)(a), because MauCo holds more than 10 percent of the capital. The fee is a managerial service, so Article 12A caps it at 10 percent. The interest bears 7.5 percent under Article 11(2). Without the treaty papers, all three bear the domestic 20 percent. The year's total to MauCo is INR 6,40,00,000, in the 2 percent surcharge slab.

Line (INR)	Dividend, treaty	Dividend, domestic	Fee, treaty	Fee, domestic	Interest, treaty	Interest, domestic
Gross amount	5,00,00,000	5,00,00,000	1,00,00,000	1,00,00,000	40,00,000	40,00,000
Base tax	25,00,000 (5%)	1,00,00,000 (20%)	10,00,000 (10%)	20,00,000 (20%)	3,00,000 (7.5%)	8,00,000 (20%)
Surcharge at 2% of base tax	Nil	2,00,000	Nil	40,000	Nil	16,000
Health and Education Cess at 4%	Nil	4,08,000	Nil	81,600	Nil	32,640
Tax withheld	25,00,000	1,06,08,000	10,00,000	21,21,600	3,00,000	8,48,640
Effective rate	5%	21.216%	10%	21.216%	7.5%	21.216%
Net amount remitted	4,75,00,000	3,93,92,000	90,00,000	78,78,400	37,00,000	31,51,360

On the treaty route IndiaCo withholds INR 38,00,000 in total, against INR 1,35,78,240 on the domestic route. MauCo receives INR 6,02,00,000 instead of INR 5,04,21,760, a difference of INR 97,78,240.

Date	Step	Rule
30 Oct 2026	Book the fee and deduct INR 10,00,000	Section 393(2), serial 17
Before the fee leaves India	Obtain Form 146 citing Article 12A; file Form 145, Part C	Rule 220
7 Nov 2026	Deposit the tax on the fee	Rule 218(2)
10 Nov 2026	Declare the dividend, book it and deduct INR 25,00,000	Companies Act s.123(3); section 393(2)
By 15 Nov 2026	Deposit the dividend in a separate bank account	Companies Act s.123(4)
7 Dec 2026	Deposit the tax on the dividend	Rule 218(2)
By 10 Dec 2026	Pay the dividend to MauCo's bank account, after Forms 146 and 145	Companies Act s.127; rule 220
31 Dec 2026	Credit the interest and deduct INR 3,00,000	Section 393(2), serial 17
7 Jan 2027	Deposit the tax on the interest	Rule 218(2)
By 31 Jan 2027	File Form 144 for October to December 2026 at the treaty rates	Rule 219
By 15 Feb 2027	Issue Form 131 for all three payments	Rule 215
Section 263 due date	MauCo files its Indian return for tax year 2026-27	Section 207(8)

IndiaCo also pays IGST on the imported fee under reverse charge and usually claims it back as input tax credit. It reports the fee and the interest in its transfer pricing report in Form 48 under section 172. If the 2024 protocol is in force for these dates, IndiaCo's file should also show why MauCo, not another group company, provides the service and the loan.

A later sale of two lots of shares

In 2027 MauCo sells its IndiaCo shares to an Indian buyer. Lot A was subscribed in 2014 and carries a long term gain of INR 3,00,00,000. Lot B came from a 2018 rights issue and carries a long term gain of INR 2,00,00,000.

Lot	Acquired	Article	Indian tax (INR)
A	2014	13(4)	Nil, if MauCo is a Mauritius resident entitled to the treaty; no Article 27A test
B	2018	13(3A)	26,52,000: 12.5% of 2,00,00,000 is 25,00,000; surcharge at 2% is 50,000; cess at 4% is 1,02,000

The buyer withholds INR 26,52,000 on lot B under section 393(2), serial 17. It pays lot A without deduction only with a nil certificate in Form 128. The 2 percent surcharge slab assumes MauCo's Indian income for the year stays between INR 1,00,00,000 and INR 10,00,00,000.

Had lot B been sold on 1 Mar 2019, Article 13(3B) would have capped India's tax at half the domestic rate. MauCo would then have needed MUR 1,500,000 of Mauritius spending in the preceding 12 months under Article 27A. That window closed on 31 Mar 2019.

Common mistakes

1. Applying 10 percent to a dividend to a 10 percent corporate holder. The Mauritius rate is 5 percent from a 10 percent direct holding. Fix: check the holding against Article 10(2)(a) and apply 5 percent.
2. Assuming a support fee from Mauritius bears no Indian tax. Article 12A has no make available test. Fix: deduct 10 percent on managerial, technical and consultancy fees.
3. Adding surcharge and cess to the treaty rate. Fix: apply the treaty rate flat and cite the article in Form 146.
4. Applying Article 27A to grandfathered gains. Its text covers only Article 13(3B). Fix: test old holdings for residence, beneficial ownership and substance instead.
5. Treating every share in an old holding as grandfathered. Fix: check each lot's acquisition date, including bonus, rights and conversion shares after 31 Mar 2017.
6. Relying on the TRC alone. Fix: keep Form 41, beneficial ownership evidence and a substance file that would survive the PPT and GAAR.
7. Ignoring the 2024 protocol because India has not notified it. Fix: prepare the PPT file now for payments from August 2026 onwards.
8. Using the bank interest exemption for new debt. Article 11(3A) covers only debt existing on or before 31 Mar 2017. Fix: apply 7.5 percent to later loans.
9. Telling the parent the treaty rate ends its Indian filings. Fix: plan a PAN and an Indian return under section 207(8).
10. Citing sections 90 and 195 in a 2026 Form 146. Fix: cite sections 159, 207 and 393(2), serial 17.

Checklist

1. Confirm the Mauritius company holds a TRC covering each payment date.
2. File Form 41 once for the tax year before the first payment.
3. Obtain a PAN, or collect the six rule 217 details.
4. Classify each payment as dividend, interest, royalty, technical fee, business profit or capital gain.
5. Check the holding against the 10 percent test in Article 10(2)(a).
6. Add up the year's payments to fix the domestic surcharge slab.
7. Collect beneficial ownership and no PE declarations.
8. Count the parent's staff days in India against the 90 day test in Article 5(2)(j).
9. Review the substance file and the commercial reasons note against the PPT and GAAR.
10. Deduct tax at the earlier of credit and payment, at the flat treaty rate.
11. Obtain Form 146 and file Form 145 before each remittance.
12. Deposit the tax by the 7th of the next month, file Form 144 and issue Form 131.
13. Map each lot's acquisition date against 1 Apr 2017 before any share sale.
14. Check whether India has notified the 2024 protocol before each large payment.
15. Remind the Mauritius company to file its Indian return.

To have us review a Mauritius payment or exit before it happens, send the agreement and the shareholding through our contact page.

Frequently Asked Questions

What is the dividend rate under the India Mauritius DTAA?+

Article 10(2)(a) caps Indian tax at 5 percent where the beneficial owner is a company holding directly at least 10 percent of the capital. Article 10(2)(b) caps it at 15 percent in all other cases. The Indian company deducts under section 393(2) at the treaty rate once it holds the TRC and Form 41.

What is the TDS rate on interest paid to a Mauritius company?+

Article 11(2) caps it at 7.5 percent for a Mauritius beneficial owner. This applies in India from the fiscal year beginning 1 Apr 2017. Interest to a Mauritius bank on debt existing on or before 31 Mar 2017 is exempt under Article 11(3A). Domestic law charges 20 percent on foreign currency loans and 35 percent on rupee loans.

Is a management fee to a Mauritius parent taxed in India?+

Yes, at up to 10 percent under Article 12A. The article covers managerial, technical and consultancy services, including the provision of personnel. It has no make available test, unlike the Singapore treaty. The fee is taxed as business profit instead only if it is effectively connected with a PE in India.

Are shares a Mauritius company bought before 2017 still exempt from Indian tax?+

Yes, under Article 13(4), if the seller is a Mauritius resident entitled to the treaty. Article 27A does not test these gains. CBDT Circular No. 01/2025 keeps them outside the principal purpose test. Rule 128 of the Income Tax Rules, 2026, as amended on 31 Mar 2026, keeps GAAR away from them.

What was the 50 percent rate in Article 13(3B)?+

It was the transition rate for gains on shares acquired from 1 Apr 2017 that arose between 1 Apr 2017 and 31 Mar 2019. India's tax could not exceed 50 percent of its domestic rate. Article 27A denied it to shell companies spending under MUR 1,500,000 in Mauritius in the preceding 12 months.

Is the 2024 India Mauritius protocol in force?+

Mauritius approved ratification on 17 Jul 2026 and made its regulations on 29 Jul 2026. Practitioner reports put entry into force in August 2026. No Indian notification was on incometaxindia.gov.in on 2 Oct 2026. Check both countries' official notices before relying on either position. We prepare PPT evidence for payments from August 2026.

Does the PPT apply to old investments in Indian companies?+

The PPT applies from the protocol's entry into force to claims on income from then on. That covers dividends and interest on old investments. CBDT Circular No. 01/2025 keeps the grandfathering under Article 13(4) outside the PPT. So a gain on shares acquired before 1 Apr 2017 is not tested under the PPT.

Is a Mauritius TRC enough to claim treaty benefits?+

No. Section 159(8) makes the TRC and Form 41 conditions of relief, not proof of entitlement. GAAR applies through section 159(6), and the PPT will test the purpose of the structure. In Tiger Global (2026 INSC 60, 15 Jan 2026) the Supreme Court allowed the revenue's appeals and set aside the Delhi High Court judgment.

What is the Tiger Global case about?+

Tiger Global's Mauritius companies sold shares of a Singapore company holding Indian businesses. The Authority for Advance Rulings rejected their applications in 2020 as prima facie designed to avoid tax. The Delhi High Court quashed that in 2024. On 15 Jan 2026 the Supreme Court allowed the revenue's appeals and set aside that judgment (2026 INSC 60).

How long is a Mauritius TRC valid?+

The MRA communique of 6 Jan 2022 says a TRC's validity cannot exceed one year. Applications are made online. A Global Business Licence holder applies through the Financial Services Commission, and the MRA processes only applications the Commission recommends. Check that the certificate covers each Indian payment date.

Does a Mauritius company need to file Form 41 every year?+

Yes, once per tax year. Form 41 replaced Form 10F from 1 Apr 2026 under section 159(8)(b) and rule 75 of the Income Tax Rules, 2026. Its guidance note says it is filed "only once in a tax year" and that treaty benefit is available only with it. PAN is optional on the form.

Can staff from a Mauritius parent create a PE in India?+

Yes. Article 5(2)(j) treats services furnished through employees or other personnel as a PE where they continue for more than 90 days within any 12 month period. The days count for the same or connected projects. A fixed place, such as a desk the parent's staff use as their own, can also create a PE.

Are gains on compulsorily convertible debentures taxed in India?+

On our reading, gains on debentures fall under Article 13(4), so only Mauritius may tax them. Article 13(3A) covers only shares. Shares received on conversion after 31 Mar 2017 are new shares for Article 13(3A). GAAR applies, and the 2024 PPT will apply once in effect.

Does India tax a buy back of shares from a Mauritius parent?+

From 1 Apr 2026, the Finance Act, 2026 taxes buy back consideration as a capital gain, not a deemed dividend. On our reading, Article 13 then decides India's right. Shares acquired from 1 Apr 2017 are taxable in India under Article 13(3A). Shares acquired earlier fall under Article 13(4).

Does a Mauritius company receiving a 5 percent dividend file an Indian return?+

Yes. Section 207(8) of the Income Tax Act, 2025 exempts a foreign company from filing only where tax was deducted at the section 207 rate or more. A 5 percent treaty rate is below the 20 percent domestic rate. The company needs a PAN and files by the section 263 due date.

Does Article 27A apply to dividends or interest?+

No. Article 27A applies only to the benefits of Article 13(3B), the 2017 to 2019 capital gains transition rate. Dividends, interest, royalties and technical fees face the beneficial ownership test, GAAR and, once in effect, the 2024 PPT. We still track Mauritius spending, because it evidences substance.

Which forms replaced Form 10F, 15CA and 15CB?+

From 1 Apr 2026, Form 41 replaced Form 10F under rule 75 of the Income Tax Rules, 2026. Forms 145 and 146 replaced Forms 15CA and 15CB under rule 220. Form 144 replaced Form 27Q, Form 131 replaced Form 16A, and Form 163 replaced Form 49D for indirect transfers.

Is the MLI part of the India Mauritius DTAA?+

On our reading, no. The incometaxindia.gov.in treaty pages carry MLI synthesised texts for treaties such as Singapore and the UAE, but not for Mauritius. India and Mauritius instead signed the 2024 protocol to add the preamble and the PPT bilaterally. Circular No. 01/2025 sets the start date for such bilateral PPT clauses.

Sources

• Income Tax Department, India Mauritius DTAA with the 2016 protocol (GSR 920(E), 26 Dec 1983; GSR 816(E), 18 Dec 1984; S.O. 2680(E), 10 Aug 2016), read 2 Oct 2026, https://www.incometaxindia.gov.in/w/mauritius-comprehensive-agreements-1
• Central Board of Direct Taxes, Notification No. 68/2016, S.O. 2680(E), Protocol amending the India Mauritius Convention, 10 Aug 2016, https://www.incometaxindia.gov.in/documents/d/guest/notification682016-pdf
• Prime Minister's Office, Republic of Mauritius, Highlights of Cabinet Meeting, 17 Jul 2026, https://pmo.govmu.org/CabinetDecision/2026/Final_Highlights_of_Cabinet_Meeting_Friday_17.07.2026.pdf
• Mauritius Revenue Authority, Communique on the India Mauritius DTAA protocol, 17 Apr 2024, https://www.mra.mu/download/CommuniqueDTAA170424.pdf
• Mauritius Revenue Authority, Communique on Tax Residence Certificates, 6 Jan 2022, https://www.mra.mu/download/CommuniqueTRC060122.pdf
• Government of Mauritius, Double Taxation Avoidance Agreement (India) (Amendment) Regulations 2026 with the 2024 protocol text, Government Notice No. 136 of 2026, made 29 Jul 2026, https://www.mra.mu/download/GN136_2026India.pdf
• Mauritius Revenue Authority, Double Taxation Agreements page (India entries), read 2 Oct 2026, https://www.mra.mu/taxes-duties/international-taxation/double-taxation-agreements
• Central Board of Direct Taxes, Circular No. 01/2025, Guidance for application of the Principal Purpose Test under India's DTAAs, 21 Jan 2025, https://www.incometaxindia.gov.in/documents/d/guest/circular-1-2025-pdf
• Central Board of Direct Taxes, Notification No. 54/2026, Income Tax (Tenth Amendment) Rules, 2026 (rule 10U), G.S.R. 240(E), 31 Mar 2026, https://www.incometaxindia.gov.in/documents/d/guest/notification-no-54-2026-pdf
• Central Board of Direct Taxes, Notification No. 55/2026, Income Tax (Amendment) Rules, 2026 (rule 128), G.S.R. 241(E), 31 Mar 2026, https://www.incometaxindia.gov.in/documents/d/guest/notification-no-55-2026-1-pdf
• Supreme Court of India, Authority for Advance Rulings (Income Tax) v. Tiger Global International II Holdings, 2026 INSC 60, 15 Jan 2026, https://api.sci.gov.in/supremecourt/2025/1251/1251_2025_7_1501_67552_Judgement_15-Jan-2026.pdf
• Income Tax Department, Income Tax Act, 2025 as amended by the Finance Act, 2026, https://www.incometaxindia.gov.in/documents/d/guest/income_tax_act_2025_as_amended_by_fa_act_2026-pdf
• Income Tax Department, Section 159 of the Income Tax Act, 2025 (double taxation relief), read 2 Oct 2026, https://www.incometaxindia.gov.in/w/section-159-89
• Income Tax Department, Section 6 of the Income Tax Act, 2025 (residence; sub section (10)), https://www.incometaxindia.gov.in/w/section-6-1
• Income Tax Department, Section 197 of the Income Tax Act, 2025 (long term capital gains), https://www.incometaxindia.gov.in/w/section-197-78
• Income Tax Department, Section 207 of the Income Tax Act, 2025 (sub sections (1), (2) and (8)), https://www.incometaxindia.gov.in/w/section-207-78
• Income Tax Department, Section 393 of the Income Tax Act, 2025 (tax deducted at source), https://www.incometaxindia.gov.in/w/section-393-6
• Income Tax Department, Section 397 of the Income Tax Act, 2025 (PAN and information on payments to non residents), https://www.incometaxindia.gov.in/w/section-397-6
• Income Tax Department, Rules 215, 217, 218, 219 and 220 of the Income Tax Rules, 2026, https://www.incometaxindia.gov.in/w/rule-215-1, https://www.incometaxindia.gov.in/w/rule-217-1, https://www.incometaxindia.gov.in/w/rule-218-1, https://www.incometaxindia.gov.in/w/rule-219-1, https://www.incometaxindia.gov.in/w/rule-220-1
• Income Tax Department, Guidance note on Form 41, https://www.incometaxindia.gov.in/documents/d/guest/fn-41
• Income Tax Department, FAQs and Guidance Notes on Forms as per Income Tax Rules, 2026 (form map), https://www.incometaxindia.gov.in/faqs-and-guidance-notes-on-forms-as-per-income-tax-rules-2026