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Income Tax

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)
Date of Judgement/Order
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Advertisement 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:...
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