Cross-border share reorganisation, transfer pricing rules not triggered

The Authority for Advance Rulings (AAR) concluded that a proposed transfer of shares of an Indian company by a Mauritius based company to a Singapore based company, under a group reorganization,  is not taxable under the India-Mauritius income tax treaty. The proposed transfer of shares did not amount to a plan to avoid payment of taxes in India, and India’s transfer pricing rules were not triggered because the transaction was not taxable in India (in the case of Dow Agro Sciences Agricultural Products Ltd.- Applicant)

Jan 27, 2016

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