Here is another episode of LKS’ all Law., where Mr. Devesh Aswal and Ms. Neha Jain discuss the topic “Cross-Border Share Sale – Eligibility for Tax Treaty Benefit”.
 
The benefit under the tax treaty is subject to provisions of General Anti Avoidance Rules (GAAR) enacted under the domestic law and Principal purpose test (PPT) embedded in tax treaties. Under both GAAR and PPT, the benefit of tax treaties should be available only for transactions having commercial substance. Though both GAAR and PPT are relatively new, the Courts in India have been applying judicial anti-avoidance tests existing prior to the introduction of GAAR. In this podcast, we will cover the jurisprudence and the key issues surrounding the application of GAAR and PPT.

This podcast is based on a recent article by Mr. Harshit Khurana and Ms. Sonali Bansal.

Link to the article: https://www.lakshmisri.com/insights/articles/cross-border-share-sale-eligibility-for-tax-treaty-benefit/