According to Nagaraj Shetti of HDFC Securities, present volatility and consolidation movement could eventually result in an upside breakout in the next few sessions.
A taxpayer s intentions at the time of a transaction will significantly influence a court s opinion
The Madras High Court delivered a judgment on tax avoidance in the case of
Redington India Limited (company) on December 10 2020. The company had transferred its entire holding in an overseas company to another newly incorporated step-down overseas subsidiary without consideration. It claimed the transaction as a gift and, thus, non-taxable under domestic tax law.
The case before the Madras High Court mainly involved whether the transaction was a valid gift as per domestic laws, and hence out of the scope of capital gains tax, and the applicability of transfer pricing laws to the transaction.
The Madras High Court has held that transfer of shares by Redington India to its step down subsidiary cannot be categorized as valid gift and is not eligible for tax exemption.
The court observed that the incorporation of the company in Mauritius and Cayman Island just before the transfer of shares is undoubtedly a means to avoid taxation in India and the said two companies have been used as conduits to avoid income tax.
Redington India (RI) had set up a new wholly owned subsidiary in Mauritius in July, 2008, viz., RM with an initial investment of USD 25,000 (Rs.10.78 Lakhs). RM, thereafter set up a wholly owned subsidiary RC in Cayman Island, which started its operation from 14.07.2008. The assessee (RI) transferred without consideration its entire shareholding in Redington Gulf FZE (RG) to RC on 13.11.2008 pursuant to which, RG become a step down subsidiary of RM. The assessing officer held that the voluntary transfer of shares of RG by the assessee without consideration to RC,
Principal Commissioner Of Income vs M/S Redington (India) Limited on 10 December, 2020 indiankanoon.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from indiankanoon.org Daily Mail and Mail on Sunday newspapers.