News & Media 22nd Apr 2026
Our Partner, Rahul Charkha a shares his insight in Moneycontrol, “GAAR grandfathering not an absolute shield; Income Tax Dept can still probe ‘arrangements’ to deny treatly benefits.”
He highlighted that the amended rules confirm that investments made prior to April 1 2017 are grandfathered and remain outside the scope of GAAR. At the same time, this does not displace the broader jurisprudence (including the Tiger Global ruling) that a Tax Residency Certificate is necessary but not sufficient to claim treaty benefits. Access to treaty benefits under the India-Mauritius and India-Singapore DTAAS still depends on the presence of genuine commercial substance, not merely on formal residency or documentation.
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