Augustus Capital Pte Ltd. v. Dy. CIT (2020) 196 DTR 289 / 208 TTJ 1177 (Delhi)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Explanation 7 to section 9(1)(i) has a retrospective effect-Sale proceeds of shares of foreign company which held investment in India is not taxable. [S. 5]

It was held that Explanation 7 to section 9(1)(i) has retrospective effect, as Explanation 6 & 7 were inserted in furtherance of object of inserting explanation 5 and Explanation 5 was given the retrospective effect. As per Explanation 7 transactions that involves sale of shares of foreign company, which held investment in India would not be taxable, because it has a retrospective effect which includes the assessment year in consideration. (AY. 2015-16)