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Foreign company’s transfer of shares to wholly owned Indian subsidiary not taxable in India
Case Law Details
- Case Name
- In re M/s. Praxair Pacific Limited (Authority for Advance Ruling)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Advance Rulings
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Brief : Authority for Advance Rulings (AAR) concluded that gains derived from the transfer of shares by a Mauritius company to its wholly owned subsidiary in India would not be taxable in India under the Indian Income Tax Act (ITA), nor would such gains be subject to the Minimum Alternate Tax (MAT) (Praxair Pacific Limited (A.A.R. No. 855/2009)). The AAR further clarified that benefits under the India-Mauritius tax treaty would be available to the Mauritius Company.
Citation : Praxair Pacific Limited (A.A.R. No. 855/2009)
Court : Authority for Advance Rulings (AAR)
Background:...






