Now after the implementation of the GAAR India proposals we need to check out if Mauritius investment route are compromised. The clear answer to this problem needs to be seen in the light if income tax authorities can establish that an effort was made to have an avoidance transaction which has led to a misuse or abuse of the provisions of the Indian ITA or a tax treaty.
One has to justify that transaction is non taxable and one will be able to get the tax break. However the onus lies on he beneficiary to prove that transaction is non taxable. Indian govt has assured that it will not harass any innocent investor. The transactions which are routed through Mauritius solely to take benefit of tax break may not be able to get the same by virtue of strict rules. The same will be all the more clear by watching the GAAR India video where Finance Secretary amplifies key aspects.