https://www.taxtmi.com/caselaws?id=271790 The Tribunal held that the capital gains arising from the transfer of shares by a Netherlands resident to an Indian company were taxable in India under the India-Netherlands Double Taxation Avoidance Agreement. The transaction did not qualify as a "reorganization" under the treaty, leading to the capital gains being deemed taxable in India. Additionally, the Tribunal ruled in favor of the assessee, allowing the concessional tax rate of 10% under the second proviso to Section 112 of the Income Tax Act. Both the taxability of capital gains and the tax rate issues were decided against the assessee and revenue, respectively. en-us Wed, 13 Jan 2016 00:00:00 +0530 Wed, 17 Feb 2016 06:57:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=271790 The Tribunal held that the capital gains arising from the transfer of shares by a Netherlands resident to an Indian company were taxable in India under the India-Netherlands Double Taxation Avoidance Agreement. The transaction did not qualify as a "reorganization" under the treaty, leading to the capital gains being deemed taxable in India. Additionally, the Tribunal ruled in favor of the assessee, allowing the concessional tax rate of 10% under the second proviso to Section 112 of the Income Tax Act. Both the taxability of capital gains and the tax rate issues were decided against the assessee and revenue, respectively. Case-Laws Income Tax Wed, 13 Jan 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=271790