GAAR will be examined and modified if required: Mukherjee

28 Mar 2012 Evaluate

Clarifying the government’s stand on the controversial General Anti Avoidance Rules (GAAR), the Finance Minister, Pranab Mukherjee said ‘India is not a no-tax country, India has a determined tax rate, but it is not a tax haven ... If you pay tax in your country of origin, you don't have to pay tax, if we have double taxation agreement with your country of origin.’ By adding further he said, GAAR will be examined and modified as and when required, as this is essential for anti-avoidance.

Mukherjee further clarified that the intent of legislature is that there should not be double taxation but no outflow of revenue either. Of late there have been a lot of apprehensions raised over the implementation of GAAR. There were fears that the Participatory Notes - an instrument through which FIIs unregistered with SEBI invest in stock markets, would be taxed. Other concerns were regarding the power given to tax officials to re- open cases retrospectively.

However, the government has come forward and explained that GAAR is not being implemented with a vindictive intent. Also it has not been created to target any class of financial instruments. Moreover there is no room for apprehension as cases beyond six years cannot be re-opened. Provisions of GAAR will be applicable from April 1 and not with retrospective effect.

Defending the government's proposal to amend the Income Tax Act with retrospective effect, the FM stated that double taxation avoidance agreements (DTAAs) are meant for genuine investors who are required to pay in only one of the contracting countries. However, they cannot be used as instruments to avoid taxation.

It may be noted that all benefits which a person is entitled in a DTAA (Double Taxation Avoidance Agreement) treaty can be overruled or denied if GAAR is invoked. The fear of GAAR had spooked stock markets which tanked 2% yesterday on concerns that all short-term capital gains made by FII and P-Note investments would be taxed. The Sensex, however, recovered today rising over 200 points.

In the Union Budget for 2012-13, Mukherjee had said that the government wanted to introduce GAAR in order to ‘counter aggressive tax avoidance schemes, while ensuring that it is used only in appropriate cases, by enabling a review by a GAAR panel.’

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