Income Tax Department Issues Clarification Regarding India-Mauritius Tax Treaty


Quick Summary
The Income Tax Department has issued a clarification addressing concerns about recent amendments to the India-Mauritius Double Taxation Avoidance Agreement (DTAA). They have stated that these concerns are premature because the Protocol has not yet been officially ratified or notified under the Income-tax Act, 1961. The department assures that any questions will be addressed once the Protocol comes into effect.

The Income Tax Department recently issued a clarification regarding concerns about the amendment to the India-Mauritius Double Taxation Avoidance Agreement (DTAA) on April 12, 2024. The department stated that such concerns or queries are premature as the Protocol has not yet been ratified and notified under section 90 of the Income-tax Act, 1961. The department assured that any queries will be addressed as necessary once the Protocol is enforced.

India-Mauritius Tax Treaty Clarification Issued

The Clarification made by Income Tax India on X is as follows

Some concerns have been raised on the India Mauritius DTAA amended recently.

In this context, it is clarified that the concerns /queries are premature at the moment since the Protocol is yet to be ratified and notified u/s 90 of the Income-tax Act, 1961.

As and when the Protocol comes into force, queries, if any, will be addressed, wherever necessary.

FAQ :

The Income Tax Department has clarified concerns raised about the amendment to the India-Mauritius Double Taxation Avoidance Agreement (DTAA).

The concerns are premature because the Protocol amending the DTAA has not yet been ratified and notified under section 90 of the Income-tax Act, 1961.

The Protocol will come into force after it has been ratified and notified under section 90 of the Income-tax Act, 1961.

Yes, the Income Tax Department has assured that queries will be addressed as necessary once the Protocol comes into force.

The relevant section mentioned is section 90 of the Income-tax Act, 1961.




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