Foreign company’s transfer of shares to wholly owned Indian subsidiary not taxable in India

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:-Praxair Pacific Limited (“PPL”), a company incorporated in Mauritius, proposes to transfer its 74% equity stake in Jindal Praxair Oxygen Company Private Limited (“JPOCPL”) to its wholly owned subsidiary in India, Praxair India Private Limited (“Praxair India”). The consideration for the proposed transfer is stated to be determined on the basis of cost, unless a higher consideration is required under the pricing guidelines prescribed by the Reserve Bank of India as applicable for transfer of shares.

Issues before the AAR

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