https://www.taxtmi.com/caselaws?id=208574 SC held that the cross-border share sale was a bona fide structured FDI and lay outside India's territorial tax jurisdiction, ruling for the taxpayer and setting aside the HC order. The Court found the transaction did not effect an extinguishment or transfer of assets situated in India, Section 9(1)(i) and Section 45 did not apply, and no judicial "look-through" could re-situs the asset without express legislation. Section 195's TDS obligation was inapplicable to a payment between two nonresidents executed and paid outside India. en-us Fri, 20 Jan 2012 00:00:00 +0530 Mon, 08 Jun 2026 10:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=208574 SC held that the cross-border share sale was a bona fide structured FDI and lay outside India's territorial tax jurisdiction, ruling for the taxpayer and setting aside the HC order. The Court found the transaction did not effect an extinguishment or transfer of assets situated in India, Section 9(1)(i) and Section 45 did not apply, and no judicial "look-through" could re-situs the asset without express legislation. Section 195's TDS obligation was inapplicable to a payment between two nonresidents executed and paid outside India. Case-Laws Income Tax Fri, 20 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=208574