https://www.taxtmi.com/caselaws?id=270999 Shares held in the Indian company were treated as capital assets because they were acquired and held as a long-term investment, with no trading pattern, and CBDT guidance supported that characterisation. The proposed transfer to the Singapore entity was found not to give rise to taxable capital gains in India because the applicant was treated as a Mauritian resident with no permanent establishment in India, and the transaction was accepted as a genuine long-term reorganisation. On that basis, section 115JB was held inapplicable, and transfer pricing, withholding tax, and return-filing obligations were also held not to arise. en-us Mon, 11 Jan 2016 00:00:00 +0530 Tue, 03 May 2016 11:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=270999 Shares held in the Indian company were treated as capital assets because they were acquired and held as a long-term investment, with no trading pattern, and CBDT guidance supported that characterisation. The proposed transfer to the Singapore entity was found not to give rise to taxable capital gains in India because the applicant was treated as a Mauritian resident with no permanent establishment in India, and the transaction was accepted as a genuine long-term reorganisation. On that basis, section 115JB was held inapplicable, and transfer pricing, withholding tax, and return-filing obligations were also held not to arise. Case-Laws Income Tax Mon, 11 Jan 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=270999