In Re Dow AgroSciences Agricultural Products Ltd (AAR)
Dow IMEA Group was dismantled in 2010 and that is how the
need for realignment of the group arose whereby DAS entity
was to be shifted from an entity which falls under Europe
region to an entity which would fall in the Asia-Pacific
region. This was to be done with a view to achieve better
control. Singapore is one of the upcoming countries in
Asia-Pacific region in the opinion of the applicant and
therefore, the Dow group contemplated to shift the share
holding of DAS India from Mauritius to Singapore. All this
exercise is also more than 5 years old from the date of the
last acquisition of the shares. Thus, it cannot be said
that the proposed transfer of shares was amounting to a
scheme to avoid payment of taxes in India. It was clearly
for the business considerations. We, therefore, reject the
contention of the Revenue that this amounting to a scheme
to avoid payment of taxes in India. We accept the
contention raised by the applicant about its not having a
PE in India