DTAA Benefit Available on LTCG from Sale of Indian Entity Shares with Valid TRC

Tyco Electronics Singapore Pte Limited Vs DCIT (ITAT Delhi) Allowability of DTAA Benefit on long-term capital gain (LTCG) from sale of share of Indian Entity if having valid Tax Residency Certificate (TRC) Conclusion: Where there was a valid Tax Residency Certificate (TRC) which was certainly statutory evidence and the company had been availing the treaty benefits with respect to such income for all such years, the benefit under Article 13(4) on long term capital gains on sale of share of an Indian company was allowable and no liability of tax on the same. Held: Assessee-company was engaged in...