Case Law Details
The applicant is a company incorporated in the United States and is a leading manufacturer of engineered bearings, alloys etc. The applicant has a significant shareholding in an Indian listed company, which was initially set up as joint venture with Tata Iron and Steel Company.
As part of a global restructuring exercise, the applicant proposes to transfer its shareholding in the Indian company to a company incorporated in Mauritius. The proposed transfer would be undertaken on the Bombay Stock Exchange and subject to Security Transaction tax (STT). The shares are held by the applicant for more than 12 months.
Capital gain on transfer of long term equity shares is exempt from tax in India under the Income Tax Act, 1961 (ITA) if STT is paid on the same.
Issue before Authority for Advance Ruling (AAR)
The issue before the AAR is whether MAT provisions are applicable to a foreign company having no physical business presence in India?
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