EBAY SINGAPORE SERVICES PVT. LTD.,MUMBAI vs. DCIT (IT) 2(2)(1), MUMBAI

ITA 2378/MUM/2022Status: DisposedITAT Mumbai30 September 2025AY 2019-20Bench: SMT. BEENA PILLAI (Judicial Member), SMT. RENU JAUHRI ( (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the sale of shares of a Singapore resident company by a Singapore resident company falls under Article 13(5) of the India-Singapore DTAA. This article allocates exclusive taxing rights to the state of residence of the alienator, which is Singapore. Therefore, the capital gains are not taxable in India.

What were the facts?

eBay Singapore Services Private Limited, a Singapore-resident company, sold shares of Flipkart Singapore. The Assessing Officer (AO) sought to tax the capital gains in India, arguing that the company's management and control were in the USA and that the India-USA DTAA should apply. The assessee claimed the gains were not taxable in India as per the India-Singapore DTAA.

What were the issues?

Whether capital gains arising from the sale of shares of a Singapore resident company by a Singapore resident company are taxable in India, considering the India-Singapore DTAA and the potential applicability of the India-USA DTAA.

Which sections of the Income-tax Act were involved?

Section 9(1)(i),Section 90(2),Section 143(2),Section 144C(1),Section 234A,Section 234B,Section 234D,Section 270A

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Income Tax Appellate Tribunal, “I” BENCH, MUMBAI

Before: SMT. BEENA PILLAI & SMT. RENU JAUHRI

For Appellant: Shri Porus Kaka, Manish Kanth
For Respondent: Shri Parag Vyas, Spl. Counsel for Revenue
Hearing: 16.07.2025Pronounced: 30.09.2025

Per: Smt. Beena Pillai, J.M.:

2 ITA No.2378/Mum/2022; A.Y. 2019-20 Ebay Singapore Services Private Limited The present appeal arises out of the final assessment order dated 25/07/2022 passed by the DCIT Circle 2(2)(1) for assessment year 2019-20 on the following grounds of appeal: “ Based on the facts and the circumstances of the case, eBay Singapore Services Private Limited (hereinafter referred to as the 'Appe

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