https://www.taxtmi.com/caselaws?id=215748 Shares held as long-term investment were treated as capital assets under section 2(14), so the proposed transfer would generate capital gains; however, by virtue of section 90(2) and Article 13(4) of the India-Mauritius treaty, those gains were held taxable in Mauritius and not in India, and objections based on tax avoidance or treaty shopping were rejected. Transfer pricing provisions under sections 92 to 92F were held to apply to the international transaction, no withholding obligation arose under section 195 because the sum was not chargeable in India on the stated facts, a return had to be filed under section 139 to claim treaty relief, section 112(1) applied to the gains, and section 115JB applied to the applicant. en-us Tue, 14 Aug 2012 00:00:00 +0530 Thu, 17 Sep 2015 10:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=215748 Shares held as long-term investment were treated as capital assets under section 2(14), so the proposed transfer would generate capital gains; however, by virtue of section 90(2) and Article 13(4) of the India-Mauritius treaty, those gains were held taxable in Mauritius and not in India, and objections based on tax avoidance or treaty shopping were rejected. Transfer pricing provisions under sections 92 to 92F were held to apply to the international transaction, no withholding obligation arose under section 195 because the sum was not chargeable in India on the stated facts, a return had to be filed under section 139 to claim treaty relief, section 112(1) applied to the gains, and section 115JB applied to the applicant. Case-Laws Income Tax Tue, 14 Aug 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=215748