Tax Treaty Interpretation, and Impact of Retroactive Domestic Tax Legislation Sanofi Pasteur Holding SA (2013, India High Court) –sale (in 2009) by French taxpayer of shares of French corporation, sole assets of which were shares of Indian companies –retroactive legislation passed by India to reverse results of Vodafone decision was applied, and this was upheld by court –however, court applied exemption under India/France tax treaty –French taxpayer did not derive gain from the alienation of shares in an India resident company, was not the legal or beneficial owner of shares of underlying Indian companies –court stated that see through approach would be a strained construction of treaty provisions 7
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