https://www.taxtmi.com/caselaws?id=415628 Remittance for buy-back of shares to a non-resident seller was treated as falling within the period covered by CBDT Circular No. 3/2016, because the payment was made on 31.05.2013. Under that circular, consideration from buy-back transactions during 01.04.2000 to 31.05.2013 is characterised as capital gains in the recipient's hands under section 46A, not as dividend under section 2(22)(iv). As tax withholding under section 195 arises only where the sum paid is chargeable to tax, no withholding obligation survived on the remittance. en-us Mon, 11 Oct 2021 00:00:00 +0530 Fri, 10 Dec 2021 08:35:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=415628 Remittance for buy-back of shares to a non-resident seller was treated as falling within the period covered by CBDT Circular No. 3/2016, because the payment was made on 31.05.2013. Under that circular, consideration from buy-back transactions during 01.04.2000 to 31.05.2013 is characterised as capital gains in the recipient's hands under section 46A, not as dividend under section 2(22)(iv). As tax withholding under section 195 arises only where the sum paid is chargeable to tax, no withholding obligation survived on the remittance. Case-Laws Income Tax Mon, 11 Oct 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=415628