ELP Podcast Series

ELP

In our busy lives, time always seems short. There is so much we would like to read & learn more about but just never seem to get down to it. To this end, ELP’s Podcast Series, endeavours to keep our listeners abreast of key legal and regulatory developments which will have an impact on doing business in India. Succinct and conversational in its format, our podcasts aim to cut down the ‘legalese’ and break down issues for our listeners. Our aim is to provide clear information in a short span of time! We hope you enjoy our podcasts and keep tuning in! For more information please visit https://elplaw.in/

  1. ELP Podcast Series: Tiger Global Ruling and the Investor Lens: Reflecting on the India–Mauritius Tax Treaty

    FEB 11

    ELP Podcast Series: Tiger Global Ruling and the Investor Lens: Reflecting on the India–Mauritius Tax Treaty

    In this episode of ELP Podcast Series- Tiger Global Ruling and the Investor Lens: Reflecting on the India–Mauritius Tax Treaty, our Partner Rahul Charkha in conversation with Feroz Hematally, Head of Tax, IQ EQ, Mauritius unpacks the evolving jurisprudence surrounding the India–Mauritius tax treaty. Against the backdrop of landmark rulings—from Azadi Bachao Andolan and Vodafone to the recent Tiger Global decision—the discussion examines the continued relevance of Circular 789, the evidentiary value of a Tax Residency Certificate (TRC), and the implications for FDI, FIIs, and investment funds.  The episode traces how the legal position has evolved since 2000 and assesses what investors should meaningfully take away from decades of litigation. The conversation further explores the Supreme Court’s observations on conduit structures, POEM, effective management and control, and the interplay between treaty benefits and GAAR.  Rahul and Feroz analyse what constitutes “commercial substance” in the Mauritius context, including the relevance of employees, premises, expenditure, and the framework governing Global Business Licence companies under Mauritian law. They also discuss the potential for increased scrutiny by Indian tax authorities, limitation considerations, and practical guidance for investors—particularly those holding grandfathered investments—amid the pending ratification of the 2024 Protocol to the India–Mauritius DTAA.

    11 min
  2. ELP Podcast Series: India-Mauritius Tax Treaty: Unpacking the Impact of the 2025 circular on grandfathered investments and PPT scrutiny

    02/17/2025

    ELP Podcast Series: India-Mauritius Tax Treaty: Unpacking the Impact of the 2025 circular on grandfathered investments and PPT scrutiny

    In the latest episode of the ELP Podcast Series: India-Mauritius Tax Treaty: Unpacking the Impact of the 2025 circular on grandfathered investments and PPT scrutiny, Sanskriti Tiwari, Assistant Manager Corporate Communications, speaks to our Partner Rahul Charkha, and Feroz Hematally, Regional Tax Head at IQEQ Mauritius, for a deep dive into the evolving landscape of the India-Mauritius Tax Treaty. The discussion unpacks how Mauritius became a favored investment route into India, offering tax-free exits on investments made before 2017, and how the 2017 protocol shifted taxing rights to India for subsequent investments. Fast forward to 2024, uncertainty loomed over whether the Principal Purpose Test (PPT) could override these grandfathered benefits. A game-changing January 2025 circular finally put concerns to rest, confirming that pre-2017 investments remain protected. The conversation also highlights why investors must maintain economic substance to avoid scrutiny, as tax authorities continue to assess the legitimacy of transactions. With unresolved questions around Tax Residency Certificates (TRCs), the episode offers key insights into navigating compliance challenges in an ever-evolving tax landscape. The episode concludes with key recommendations for clients from both India and Mauritius perspective, including proactive structure reviews, case-by-case evaluations and continued vigilance regarding evolving tax regulations

    20 min

About

In our busy lives, time always seems short. There is so much we would like to read & learn more about but just never seem to get down to it. To this end, ELP’s Podcast Series, endeavours to keep our listeners abreast of key legal and regulatory developments which will have an impact on doing business in India. Succinct and conversational in its format, our podcasts aim to cut down the ‘legalese’ and break down issues for our listeners. Our aim is to provide clear information in a short span of time! We hope you enjoy our podcasts and keep tuning in! For more information please visit https://elplaw.in/