The Resource Treaty benefits allowed for capital gains where shareholder not merely a name lender

Treaty benefits allowed for capital gains where shareholder not merely a name lender

Label
Treaty benefits allowed for capital gains where shareholder not merely a name lender
Title
Treaty benefits allowed for capital gains where shareholder not merely a name lender
Creator
Subject
Language
eng
Summary
This case note reviews the ruling issued by the Authority for Advance Rulings to AB Holdings, which stated that, because AB Holdings had made investments from its own funds through proper banking channels and had taken key investment decisions in its board of directors' meetings, its management and control was in Mauritius; therefore, it was not a puppet of its United States holding company, and shares that it held in an Indian company were held by it in reality, and not in name only. Consequently, the gain derived on an intra-group transfer of the shares escaped tax in India under article 13(4) of the India-Mauritius Income Tax Treaty
Citation source
In: Asia-Pacific tax bulletin. - Amsterdam. - Vol. 24 (2018), no. 3 ; 4 p
http://library.link/vocab/creatorName
  • Dugar, A
  • Bhandari, L
Geographic coverage
Asia
Language note
English
http://library.link/vocab/subjectName
  • advance tax ruling
  • central management and control
  • treaty benefits
  • capital gains
Label
Treaty benefits allowed for capital gains where shareholder not merely a name lender
Instantiates
Publication
Label
Treaty benefits allowed for capital gains where shareholder not merely a name lender
Publication

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