https://www.taxtmi.com/caselaws?id=780104 Gains from the sale of shares in a Singapore resident company were treated as not taxable in India under the India-Singapore DTAA because the assessee held valid Singapore tax residency certificates, the revenue did not displace the evidence on control and decision-making, and Article 13(5) applied as the residuary rule. Article 13(4B) was held inapplicable since both the transferor and the company were Singapore residents, and section 90(2) prevented the domestic deeming fiction in section 9(1)(i) from overriding the treaty. The refund and consequential interest computation was directed to be verified and recomputed in accordance with law. en-us Tue, 30 Sep 2025 00:00:00 +0530 Sat, 18 Oct 2025 09:08:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=780104 Gains from the sale of shares in a Singapore resident company were treated as not taxable in India under the India-Singapore DTAA because the assessee held valid Singapore tax residency certificates, the revenue did not displace the evidence on control and decision-making, and Article 13(5) applied as the residuary rule. Article 13(4B) was held inapplicable since both the transferor and the company were Singapore residents, and section 90(2) prevented the domestic deeming fiction in section 9(1)(i) from overriding the treaty. The refund and consequential interest computation was directed to be verified and recomputed in accordance with law. Case-Laws Income Tax Tue, 30 Sep 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=780104