https://www.taxtmi.com/caselaws?id=355435 Treaty relief under the India-Mauritius tax convention was denied where the investor was found to be only a name lender and not the real beneficial owner of the shares; the capital gains were therefore treated as taxable in India. Once taxability in India was affirmed, withholding under section 195 followed, and the transfer pricing provisions were held applicable to benchmark the international transaction at arm's length. Section 115JB was held inapplicable to the foreign company in the stated framework, in line with the retrospective amendment and CBDT clarification excluding foreign companies from that provision. en-us Wed, 08 Nov 2017 00:00:00 +0530 Fri, 30 Mar 2018 18:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=355435 Treaty relief under the India-Mauritius tax convention was denied where the investor was found to be only a name lender and not the real beneficial owner of the shares; the capital gains were therefore treated as taxable in India. Once taxability in India was affirmed, withholding under section 195 followed, and the transfer pricing provisions were held applicable to benchmark the international transaction at arm's length. Section 115JB was held inapplicable to the foreign company in the stated framework, in line with the retrospective amendment and CBDT clarification excluding foreign companies from that provision. Case-Laws Income Tax Wed, 08 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=355435