Re-domiciliation of a company from one country to another by itself can not lead to denial of tax treaty benefits. Mumbai bench of the Income tax appellate tribunal rejects Revenue’s objection for denial of treaty benefits under India-Mauritius Double tax Avoidance Treaty (tax treaty) due to change of company’s place of incorporation from British Virgin Islands (BVI) to Mauritius, holds re-domiciliation to be the way of life for offshore entities.
Background
- Asia Today Ltd (assessee) registered as an ‘international business company’ in November 1991 in the (BVI).
- The Assessee redomiciled to Mauritius on June 29, 1998 and its registration was cancelled by the Registrar of Companies in BVI from Jun 30, 1998. The Mauritius Revenue Authorities issued a tax residency certificate (TRC) to the Assessee in July 1999.
- The Revenue contended that the Assessee being originally a BVI company was not entitled to treaty benefits under the India-Mauritius tax treaty for AY 2000-01 to 2003-04.
- Further, the Assessee in its response submitted that even though initially it was incorporated in the BVI but at the �me of claiming treaty benefits it was registered in Mauritius and its TRC was not in question. Accordingly, the assessee contended that the fact of re domiciliation does not affect its eligibility to treaty benefits.