Indirect Transfers 2.0 Study on Taxability of Gain on Alienation of Shares

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Opening Remarks:
The acquisition of Flipkart by Walmart has attained considerable attention of media. The deal is to the tune US $ 16 Billion, making Flipkart as most valuable e-commerce marketplace in India. Now that the deal is done, the tax considerations/issues surface, one-after the other, the first being the issue of indirect transfers, which recently came up for consideration in the matter of Tiger Global. In this article, we shall deal with the recent judgment of Authority for Advance Rulings (for brevity ‘AAR’) in the matter of Tiger Global International II Holdings . After setting out the ruling, taking this as a case study, we shall adventure to list out the favourable and adverse tax positions, position after MLI and GAAR.

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Indirect Transfers 2.0 Study on Taxability of Gain on Alienation of Shares