section 286(9)
Judgments on section 286(9)
Vodafone International Holdings B.V. vs Union of India & Anr.
— SC,
Section 9 of the Income Tax Act does not cover indirect transfers of capital assets situated in India.
The Authority for Advance Rulings (Income Tax) and Others vs Tiger Global International II Holdings
— SC,
The DTAA between India and Mauritius allows capital gains to be taxed only in Mauritius, provided the entity holds a valid TRC.
Aditya Birla Nuvo Limited vs The Deputy Director of Income-tax
— HC,
The beneficial ownership of shares, despite being registered in the name of a permitted transferee, determines the taxability of capital gains in India.