
India's Supreme Court ruled that capital gains from Tiger Global's 2018 Flipkart stake sale are taxable under domestic law, overturning earlier relief under the India-Mauritius Double Taxation Avoidance Agreement. The decision allows tax authorities to reopen assessments and recover taxes, including withheld refunds. The court emphasized that tax treaties must prioritize national interest, sovereignty, and prevent abuse, urging transparent, reviewable agreements with safeguards against treaty shopping. The ruling may affect foreign direct investments routed via Mauritius and Singapore and influence similar cases like Blackstone's ongoing dispute.
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