Tax uncertainty persists after Supreme Court's Tiger Global ruling despite GAAR relief, with concerns over treaty benefits, TRC validity and indirect transfer taxation
Moderating valuations, US funding strength and lingering tax uncertainty are prompting SaaS and late-stage startups to delay plans to relocate headquarters back to India
The startup group has asked the government to reassure global investors of a stable investment environment, asking it to issue a clarification that pre-2017 investments would not face taxes
PhonePe shareholders -- Walmart, Tiger Global and Microsoft Global Finance will offload stakes worth around Rs 10,115 crore through the company's forthcoming IPO, according to updated draft papers of the fintech firm. The IPO is entirely an Offer-for-Sale (OFS) by existing shareholders. The company will not be raising any additional primary capital in the Initial Public Offering (IPO). PhonePe promoter WM Digital Commerce Holdings Pte will sell 45,942,496 of 3,71,517,890 shares or about 0.12 per cent stake in the company through the OFS valued at Rs 1,996.8 per share, based on the weighted average cost of acquisition per equity share. Singapore-based WM Digital Commerce Holdings Pte. Ltd is the Walmart-controlled promoter entity of PhonePe. Tiger Global PIP 9-1 will sell 10,39,160 shares, and Microsoft Global Finance Unlimited Company will offload 36,78,790 shares. The total shares to be offloaded through the OFS are valued around Rs 10,115.87 crore based on the weighted-average
Market participants broadly view judgment as fact-specific, centered on interpretation of grandfathering provisions under the India-Mauritius tax treaty and application of General Anti-Avoidance Rule
SC's Tiger Global ruling marks a shift in India's tax jurisprudence, unsettling treaty certainty, expanding anti-avoidance scrutiny and raising concerns over predictability for foreign investors
The decision has major implications for private equity funds that have set up shell entities in the offshore haven to channel investments into India, according to lawyers
The India-Mauritius DTAA has been under scrutiny since it was signed in 1982. It was always seen as a route to avoid tax
The US-based investment firm's substantial sale of Flipkart's stake to Walmart Inc. was one of the largest exits by a foreign investor in the Indian e-commerce sector
The Supreme Court's Tiger Global ruling narrows grandfathering protection, allowing tax authorities to scrutinise pre-2017 investments at exit under GAAR and anti-abuse norms
CBDT to adjust ₹968 crore tax withheld on Tiger Global's Flipkart exit after Supreme Court upheld India's right to tax the transaction
Supreme Court's Tiger Global ruling strengthens GAAR, pushing taxpayers to rethink treaty benefits, legacy structures and cross-border tax planning
Given the findings of the SC, it is likely to send mixed signals to foreign investors and unsettle various long-settled positions around tax treaty benefits
A single certificate was once enough to unlock tax treaty benefits in India. Not anymore. The Supreme Court’s January 2026 ruling in the Tiger Global case has redrawn the rules for foreign investors.
The Supreme Court's Tiger Global ruling strengthens India's ability to tax cross-border exits and probe treaty shopping, even when foreign investors hold valid tax residency certificates
The top court allowed authorities to tax the capital gains from Tiger Global's $1.6 billion stake sale in Flipkart in 2018
Indian officials argued arrangement was meant to avoid tax
The apex court said tax authorities had correctly rejected Tiger Global's application seeking exemption from capital gains tax arising from the transaction
Tiger Global and Indian tax authorities have been locked in a legal tussle over its 2018 stake sale in Indian e-commerce company Flipkart to Walmart worth ₹14,440 crore ($1.6 billion)
Tiger Global has sold its entire 5.09% stake in Ather Energy for ₹1,204 crore, exiting months after the EV maker's IPO even as the company's valuation nearly doubled to ₹24,800 crore