https://www.taxtmi.com/caselaws?id=788731 Buy-back of shares by an Indian subsidiary can fall within the treaty phrase "corporate organisation, reorganisation, amalgamation, division or similar transaction" under Article 13(5) of the India-Netherlands DTAA where, in ordinary legal sense and read with domestic law, it forms part of a group-level restructuring that materially changes the company's financial structure. The analysis relied on recognised meanings of reorganisation and corporate restructuring guidance, and rejected a narrow reading that would undermine the treaty exception. On the facts, the share buy-back was treated as such a restructuring transaction, so the resulting gains were taxable only in the Netherlands and not in India. en-us Wed, 25 Mar 2026 00:00:00 +0530 Fri, 27 Mar 2026 08:52:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=788731 Buy-back of shares by an Indian subsidiary can fall within the treaty phrase "corporate organisation, reorganisation, amalgamation, division or similar transaction" under Article 13(5) of the India-Netherlands DTAA where, in ordinary legal sense and read with domestic law, it forms part of a group-level restructuring that materially changes the company's financial structure. The analysis relied on recognised meanings of reorganisation and corporate restructuring guidance, and rejected a narrow reading that would undermine the treaty exception. On the facts, the share buy-back was treated as such a restructuring transaction, so the resulting gains were taxable only in the Netherlands and not in India. Case-Laws Income Tax Wed, 25 Mar 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=788731