Treety provision of dtaa us

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Virag (Querist)
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22 December 2011 IF A NON RESIDENT RESIDING IN US SELLS A SHARES OF A INDIAN LISTED COMPANY TO ANOTHER NONRESIDENT RESIDING AT US THEN WHAT ARE THE TAX IMPLICATION IN INDIA AND US AND ALSO IN DTAA US?
AND IS VODAPHONE CASE IS APPLICABLE TO THIS CASE?????

Vrinda Aghi

Vrinda Aghi (Expert)
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23 December 2011 it may attract CGT since there is a transfer U/s 45 the Indo-US treaty suggests that the Capital Gains may be guided by domestic law, hence Sectio 45 read with Section 9 of the IT Act will apply and there will be Tax deduction for the same.
you may elaborate the issue further so that we can study the same.

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