Current Affairs · Polity & Judiciary
In the context of the Supreme Court ruling in the Tiger Global case regarding indirect transfers and the India-Mauritius Double Taxation Avoidance Agreement (DTAA), which of the following statements is correct?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1The Supreme Court held that tax sovereignty is secondary to the provisions of Foreign Direct Investment (FDI) as established in the Azadi Bachao Andolan case.
- 2The court reaffirmed that Article 13(4) of the DTAA provides absolute immunity for indirect transfers, following the Vodafone case precedent.
- 3The court ruled that GAAR cannot be applied to the 2018 sale of Flipkart shares because the original investments were made between 2011 and 2015.
- 4The Supreme Court held that while a Tax Residency Certificate (TRC) is a necessary condition for claiming treaty benefits, it is not by itself conclusive proof of residence.✓
Correct answer
The Supreme Court held that while a Tax Residency Certificate (TRC) is a necessary condition for claiming treaty benefits, it is not by itself conclusive proof of residence.
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