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ITAT Ruling: No Indian Tax on Mutual Fund Gains for NRIs under DTAA
No Tax on Mutual Fund Gains in India for NRIs

22 Apr, 2025

By Vidhu

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No Tax on Mutual Fund Gains in India for NRIs

📢 In a significant development, the Income Tax Appellate Tribunal (ITAT) Mumbai has ruled that Non-Resident Indians (NRIs) are not liable to pay tax in India on capital gains from mutual funds if those gains are already taxable in their country of residence.

✅ This judgment brings much-needed clarity and relief to the global Indian diaspora investing in India through mutual funds.


🔍 Key Highlights:

  • 🛡 The ruling emphasized the importance of Double Taxation Avoidance Agreements (DTAA).

  • 🌐 As per DTAA provisions, India may not have taxing rights if the gains are already taxed in the country where the NRI resides.

  • 📈 This sets a positive precedent for NRIs investing in Indian mutual funds from abroad.


💡 Why It Matters:

NRIs have long been concerned about the tax implications of investing in India, especially on capital gains.
👉 This ruling could significantly reduce tax burdens and encourage cross-border investments.


📌 Takeaway for NRIs:

✔ Review your DTAA benefits
✔ Consult a tax expert before filing returns
✔ You might be eligible for a refund if TDS was deducted on such gains


💬 What are your thoughts on this ruling?
Do you think it will encourage more NRI investments in Indian mutual funds?

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