General Anti Avoidance Rule (GAAR)

Jan 16 • General • 1569 Views • 7 Comments on General Anti Avoidance Rule (GAAR)

GAAR abbreviation stands for general-anti-avoidance rules and it has been introduced in India due to VODAFONE case ruling in favour of this company by the Supreme Court. The new rules will come into effect from 01 April, 2012.

GAAR Implications in India:

  • Indian Government is trying to give powers to income tax authorities as implementation of GAAR provides tremendous powers to deny tax benefit to an entity if a transaction has been carried with the sole intention of tax avoidance. Due to powers in the hand of taxmen, now innocents may be harassed by them.
  • FII & FDI money coming to India through Mauritius route will now become taxable.
  • Increased litigations.

GAAR – Worst Scenario:

The onus lies on the assesse to prove that there is no tax benefit and the transaction is not an avoidance transaction.

GAAR – Example

To make it easier to understand GAAR; we can say that suppose a person or a company is setting up business in Gulf Country and its clear intention is to claim exemption from capital gains tax, in such a scenario Indian govt has the right to deny the legitimate claim for exemption provided under DTAA as it falls under tax avoidance and Indian govt is trying to plug the loopholes.

 

 

 

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7 Responses to General Anti Avoidance Rule (GAAR)

  1. Ritika says:

    GAAR looks forward to target every kind of tax evasion through litigations.
    It is completely justified as , of late, we have heard so much of money laundering & tax evasions. Government is bound to tighten the noose. Besides, there should not be any difficulty in paying the tax which calculates to any sum, just as a fraction of one’s assets!

  2. ATUL KUMAR SHUKLA says:

    that will very systematic for uor country for the progress

  3. Pragya Saxena says:

    these rules should be implememted for the progress of our country..

  4. Jagriti Singh says:

    Great rule. It should be surely implement for the better development of country.

  5. Saurabh Singh says:

    Good rule..It will lead country in right direction but rule needs to be implemented to makes it presence better in the country…..although it is a good post.

  6. Siddhant Tripathi says:

    Some related concepts and aspects of GAAR in context to India.

  7. Chitranshi Dhaneshwar says:

    If these rules are implemented,India will go further.

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