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No capital gains on intra-group transfer of shares in an Indian company for no consideration: AAR
Case Law Details
- Case Name
- Amiantit International Holding Ltd. (Authority for Advance Rulings)
- Appeal Number
- Only available for paid members
- Courts
- Advance Rulings
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Authority for Advance Rulings (AAR) [2010-TIOL-07- ARA-IT] in the case of Amiantit International Holding Ltd. (Applicant) on the issue of whether the transfer of shares held by the Applicant in an Indian company, to its Cyprus-based 100% subsidiary under a re-organization scheme, is taxable as per the provisions of the Indian Tax Law (ITL) held that the transfer of shares did not result in any consideration and, therefore, it could not be taxed as capital gains under the provisions of the ITL.
The AAR also held that even though the transfer was an international transaction bet...
