https://www.taxtmi.com/caselaws?id=293624 In an international share transfer between non-resident group entities, the absence of stated consideration does not prevent transfer pricing provisions from applying, because Chapter X still requires arm's length pricing to be determined. If arm's length consideration is substituted, the transaction may generate taxable capital gains in India in the transferor's hands. Where the resulting sum is chargeable to tax, the payer may also have withholding obligations under section 195. A restructuring lacking wider commercial substance, business synergy, or movement of assets or functions may be treated as a tax avoidance arrangement within the proviso to section 245R(2). en-us Thu, 21 Nov 2019 00:00:00 +0530 Sat, 20 Feb 2021 21:39:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293624 In an international share transfer between non-resident group entities, the absence of stated consideration does not prevent transfer pricing provisions from applying, because Chapter X still requires arm's length pricing to be determined. If arm's length consideration is substituted, the transaction may generate taxable capital gains in India in the transferor's hands. Where the resulting sum is chargeable to tax, the payer may also have withholding obligations under section 195. A restructuring lacking wider commercial substance, business synergy, or movement of assets or functions may be treated as a tax avoidance arrangement within the proviso to section 245R(2). Case-Laws Income Tax Thu, 21 Nov 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293624