Indian Tax Authorities Eye on Treaty Shopping

This article has been contributed by Padmini Khare Kaicker, Managing Partner and Kalpesh Unadkat, Partner – Direct Tax at B.K. Khare in India. The article covers capital gains tax benefit regime under some of the Indian tax treaties, recent judicial decisions (including the judicial decision of Flipkart and Walmart deal), impact of Multilateral Instruments (applicable from April 1, 2020) and the care that needs to be taken by the investors in claiming treaty benefits in the light of the anti-abuse rules.

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