Foreign company transferring Indian shares to another foreign company


This query is : Resolved 

Quick Summary
This discussion addresses whether Tax Deducted at Source (TDS) applies when a foreign holding company transfers its shares in an Indian company to another foreign company, especially when neither has a PAN. Generally, TDS isn't applicable as there's no payment from an Indian entity. However, Indian capital gains tax might apply if indirect transfer provisions are triggered due to the value derived from Indian assets. Specific case laws for this exact scenario were not found.

(Querist)
16 March 2025 Foreign holding company transferring its holding in shares of Indian company to an another foreign company.

Whether provisions of TDS applicable in this case? Both the foreign companies is not having PAN.

Any case laws is there in connection with the same?

13 April 2025 TDS provisions are generally not applicable when a foreign holding company transfers its shares in an Indian company to another foreign company, as this transaction does not involve a payment from an Indian entity to a non-resident. However, if the transaction triggers indirect transfer provisions due to the substantial value derived from Indian assets, it could be subject to Indian capital gains tax. There are no specific case laws mentioned in the search results addressing this exact scenario.

04 October 2025 Good luck...


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
24 October 2026
CA Industrial Trainee

Fytomax Nutrition Private Limited

Aurangabad

CA Inter

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
13 October 2026
Accountant

Zerdi & Co. Chartered Accountants

Pune

B.Com

View Details
Company
ARTICLESHIP 28 October 2026
Article assistants

Shyam S Gupta and Company

New Delhi

CA Inter

View Details
Company
08 October 2026
Accounts and Tax Associate

POOJA R TELI & CO

Pune

CA Inter

View Details
Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details
Company
28 October 2026
Assistant Director/ Associate Director-Finance & Accounting

Krea University

Chennai

CA

View Details