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J. B. PARDIWALA, R. MAHADEVAN
Authority for Advance Rulings (Income Tax) – Appellant
Versus
Tiger Global International II Holdings – Respondent
| Table of Content |
|---|
| 1. sovereign tax power and jurisdiction. (Para 1 , 2 , 3) |
| 2. description of the entities involved in the transaction. (Para 4 , 5) |
| 3. findings and reasoning of the aar. (Para 6) |
| 4. arguments presented on behalf of the appellants. (Para 7) |
| 5. counterarguments made by the respondents. (Para 8) |
| 6. legal background and relevant laws discussed. (Para 9 , 10 , 11 , 12) |
| 7. discussion on the applicability of treaty and domestic law. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 8. addressing the nuances of gaar and international obligations. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 9. final decision regarding taxability and conclusion. (Para 51 , 52) |
JUDGMENT :
R. MAHADEVAN, J.
1. Delay condoned.
2. Leave granted. The present appeals arise from a final judgment and common order dated 28.08.2024 passed by the High Court of Delhi at New Delhi1[Hereinafter referred to as “the High Court”] in W.P. (C) Nos. 6764, 6765 and 6766 of 2020 and are, therefore, disposed of by this common judgment.
3. For the sake of clarity and systematic analysis, this judgment is divided into the following heads:
| S.NO. | HEADINGS | |
| I | INTRODUCTION | |
| II | BR | |
The Supreme Court affirmed that tax treaties cannot be exploited for avoidance, emphasizing that tax residency claims must be substantiated by proof of genuine commercial activities, and transactions....
Foreign company's LTCG on listed shares with STT exempt u/s 10(38) as s.115JB inapplicable per Explanation 4 if no PE; CIT revision u/s 263 invalid without twin conditions of error and prejudice afte....
Dividend Distribution Tax is a tax on dividend income and is covered by the DTAA, allowing a maximum tax rate of 10% on such dividends.
A foreign bank is subject to income tax rates applicable to non-domestic companies, as legislative amendments clarify tax classifications without conflicting with existing DTAAs.
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