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TMI Blog2021 (9) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... y 16, 2020 wherein the following questions have been raised : "Question No. 1. On the facts and circumstances of the case and in law, whether the applicant is justified in its belief that it is not required to deduct tax under section 195 of the Act on payment made by it to 'Sac Oerlikon' for acquisition of shares of 'Graziano Italy', considering the provisions of India-Netherlands tax treaty ? Question No. 2. On the facts and circumstances of the case and in law, whether the applicant is justified in its belief that the gain arising to it on transfer of shares of 'Fairfield USA' and 'Graziano Italy' to 'Graziano Swiss' would not be taxable in India as per the provisions of India-Swiss tax treaty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of shares of Graziano Swiss to the applicant in lieu of value of shares of Fairfield Manufacturing Co. USA and Graziano Italy. (d) Transfer of shares of Graziano Swiss from applicant to DANA International. In view of the above, the application was inadmissible as per proviso (ii) to section 245R(2) of the Income-tax Act. Apart from the objection that the issue involved determination of fair market value of the above property, the Revenue has also submitted that the details submitted by the applicant were incomplete and, therefore, it was not in a position to comment at this stage whether the transaction was designed prima facie for avoidance of Income-tax. 3. The learned authorised representative of the applicant has submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India-Netherland tax treaty. (2) Gains arising on transfer of shares of "Fairfield USA" and "Gra ziano Italy" to "Graziano Swiss" under India-Swiss tax treaty. (3) Gains arising on transfer of shares of "Graziano Swiss" to a nonresident buyer under India-Swiss tax treaty. The issue of valuation of any share or the issue of computation of capital gain on transfer of the shares is not found involved in the questions raised by the applicant. The exercise of valuation of shares (if at all necessary) and the computation of capital gains has to be undertaken by the Assessing Officer only when the issue of taxability of capital gain on transfer of shares is decided in favour of the Revenue. We do not find any involvement of dete ..... X X X X Extracts X X X X X X X X Extracts X X X X
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