https://www.taxtmi.com/caselaws?id=393490 Treaty capital gains on the transfer of shares in a Singapore company were held outside Article 13(5) of the India-Belgium tax treaty because that provision applies only to shares in a company resident in a Contracting State and contains no see-through rule. Explanation 5 to Section 9(1)(i) could not be imported into the treaty to deem the foreign company situated in or resident in India, since a domestic deeming fiction cannot enlarge treaty text. With Article 13(5) inapplicable, Article 13(6) governed the gains and allocated taxing rights only to Belgium, deleting the capital gains addition on indirect transfer grounds. en-us Thu, 05 Mar 2020 00:00:00 +0530 Wed, 22 Jul 2020 14:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=393490 Treaty capital gains on the transfer of shares in a Singapore company were held outside Article 13(5) of the India-Belgium tax treaty because that provision applies only to shares in a company resident in a Contracting State and contains no see-through rule. Explanation 5 to Section 9(1)(i) could not be imported into the treaty to deem the foreign company situated in or resident in India, since a domestic deeming fiction cannot enlarge treaty text. With Article 13(5) inapplicable, Article 13(6) governed the gains and allocated taxing rights only to Belgium, deleting the capital gains addition on indirect transfer grounds. Case-Laws Income Tax Thu, 05 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=393490