Supreme Court · 2003 INSC 526 · Decided 7 October 2003
Union of India and ANR. v. Azadi Bachao Andolan and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 526 · [2003] SUPP. 4 S.C.R. 222
- Case number
- CIVIL APPEAL No. 8161/2003
- Decided
- 7 October 2003
- Bench
- RUMA PAL, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 73, 265; Income Tax Act Section 90, 49A, 119
Headnote
Constitution of India-Articles 73 and 265-Fncome Tax Act, 1961- Sections 4, 5 & 90-Indo-Mauritius Direct Tax Avoidance Convention (DTAC) dated 1.4.1983-Articles 3, 4 and 13(4)-Exemption to assessees under DTAC on capital gains on sale of shares of Indian companies­ Power of Central Income Tax Act-It can override the provisions of the Income Tax Act and hence, the principle of piercing the corporate veil cannot be applied-DTAC cannot be held ultra D vires on suscepiibility of 'treaty shopping' by third party countries­ Income Tax Act, 1922-Section 49A. Section 90-CBDT
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