Transfer of shares of Indian company to Singapore Company, by a Mauritius company having no PE, not taxable in India- AAR

Brief of the Case Authority for Advance Rulings held In the case of Dow AgroSciences Agricultural Products Ltd, Mauritius that the Article 13 of the Indo-Mauritius DTAA which deals with the taxation of capital gains is not applicable in the present case. The reason is that the applicant does not have a PE in India. There is no material on record brought forth by the Revenue that the applicant has a PE in India. It was suggested that the presence of DAS India itself should be taken to be PE. We do not think that such a broad proposition can be pressed in service for the finding that the applic...