19 Jan 2026


This is a link-enhanced version of an article that first appeared in The Economic Times
Article Overview:
The Supreme Court overturned a lower court ruling that allowed Tiger Global to claim exemptions on the sale based on a tax treaty with Mauritius. The Supreme Court’s verdict raises tax uncertainty for foreign investors. A lot of experts believe this decision marks a significant shift in India’s tax treaty jurisprudence as it allows tax authorities to look past administrative assurances and reassess the commercial substance of long-standing investment structures.
Our Partner, Himanshu Sinha, Tax, shared his perspective. Here’s what he had to say:
“Many old investments made through Mauritius shell entities will mature now. These investments will find it difficult to claim the protection of beneficial provisions under the treaty.”
Download PDFUnder the rules of the Bar Council of India, Trilegal is prohibited from soliciting work or advertising in any form or manner. By accessing this website, www.trilegal.com, you acknowledge that:
We prioritize your privacy. Before proceeding, we encourage you to read our privacy policy, which outlines the below, and terms of use to understand how we handle your data:
For more information, please read our terms of use and our privacy policy.