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ARTICLE · 10 DECEMBER 2012

Tax Bulletin - Castleton Investment Limited

Vispi T. Patel Chartered Accountants
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Authority for Advance Rulings (AAR): Capital Gain arising on transfer of shares of Indian listed company was held to be exempt from tax in India in the hands of a company resident of Mauritius.

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Vispi Patel
Vispi Patel

Authority for Advance Rulings (AAR): Capital Gain arising on transfer of shares of Indian listed company was held to be exempt from tax in India in the hands of a company resident of Mauritius. Transfer pricing provisions were held to be applicable to such transaction. Foreign company to be subject to MAT provisions. AAR can correct its earlier ruling and is bound only by the decisions of the Supreme Court. (Castleton Investment Limited - AAR No.999 of 2010)

Facts:

Castleton Investment Limited (the applicant), a company resident of Mauritius, was a part of Glaxo Smithkline group of companies (GSK group). Glaxo Smithkline Pharmaceuticals Limited (GSKPL), an Indian listed company, was also a part of the GSK group. The applicant had acquired shares in GSKPL in the year 1993 and 1996. The applicant has proposed to transfer the shares of GSKPL to GSK Pte. Ltd. (GSK Pte.), the Singapore Company, for cash consideration at fair market value. The transfer of shares is

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