Correct Answer: (d) A foreign company transfers shares and such shares derive their substantial value from assets located in India
Solution:'Indirect transfers' refer to situations where when foreign entities own shares or assets in India, the shares of such foreign entities are transferred instead of a direct transfer of the underlying assets in India. The issue of taxability of gains arising from the transfer of assets located in India, through the transfer of the shares of a foreign company (known as 'indirect transfer of Indian assets'), has been a subject matter of protracted litigation. There are innumerable permutations to such indirect transfers, many of which have been sought to be taxed by the Indian Government in the recent past. Beginning from the Vodafone case involving a tax demand of approximately US$ 2.1 billion, which was followed by knee-jerk amendments to the Income Tax Act annually, to the recent Cairn case involving a tax demand of approximately US$ 1.6 billion, the imposition of this enacted 'The Taxation Laws (Amendment) Act, 2021' to with- tax has taken quite a few twists and turns. The Government enact retrospective applicability of provisions relating to indirect transfer under the Income-tax Act, 1961.