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    <title>Merger and Acquisition agreements entered into outside India - applicability of TDS under section 195 - Treatment of Assessee in Default (AID)</title>
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    <description>Applicability of withholding obligations and the assessee in default fiction were considered for an overseas share transfer that in substance conveyed Indian assets. The court emphasized that deeming a payer an assessee in default must be strictly limited to persons expressly covered by withholding provisions, that failure to deduct may attract penalties separate from the recipient&#039;s tax liability, and that transfers effected through foreign shares can give rise to Indian tax consequences where the economic benefit and income flow from Indian assets to the foreign transferor are established.</description>
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      <description>Applicability of withholding obligations and the assessee in default fiction were considered for an overseas share transfer that in substance conveyed Indian assets. The court emphasized that deeming a payer an assessee in default must be strictly limited to persons expressly covered by withholding provisions, that failure to deduct may attract penalties separate from the recipient&#039;s tax liability, and that transfers effected through foreign shares can give rise to Indian tax consequences where the economic benefit and income flow from Indian assets to the foreign transferor are established.</description>
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