Transfer of shares in Indian company under foreign amalgamation qualifies as non-transfer when shareholder continuity and tax conditions are met. Transfer of shares in an Indian company by an amalgamating foreign company to an amalgamated foreign company is not regarded as a transfer if at least 25% of the shareholders of the amalgamating foreign company continue as shareholders of the amalgamated foreign company and the transfer does not attract capital gains tax in the country of incorporation of the amalgamating company. The transferee takes the cost to the previous owner, and the previous owner's period of holding is also included.