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Indian High Court Rules on Taxation of Overseas Transfer of Shares that Derive Value from Indian Assets

|Approved Changes|India
India

The Delhi High Court recently ruled on the application of capital gains tax on the transfer of overseas shares that derive value from assets in India. Under India's Finance Act 2012, shares or interest of any entity outside India will be considered situated in India for tax purposes if the share or interest directly or indirectly derives its value substantially from assets located in India. The court ruled on what "substantially" means in the case at hand and in general.

In the case at hand…

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