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Govt notifies implementation of tax avoidance rule GAAR from April 2016

27 Sep 2013 Evaluate

In a move to empower country’s tax authority to check tax avoidance, the government notified, much-diluted General Anti Avoidance Rule (GAAR) provisions to be implemented from April 2016. As per the Central Board of Direct Taxes (CBDT) notification, the GAAR provisions would apply to business arrangements with a tax benefit exceeding Rs 3 crore.

The anti-avoidance rule would be applicable to foreign institutional investors (FIIs) that have not taken the benefit of an agreement under Section 90 or Section 90A of the Income tax Act or Double Taxation Avoidance Agreement (DTAA). CBDT also stressed that before invoking the GAAR provisions, tax officials would have to issue a notice in writing to the assessee seeking objections if any, to its applicability. Meanwhile, in order to soothe the nerves of anxious investors, benefit of grandfathering would be given to investments made before August 1, 2010, however, only up to March 31, 2015.

The government had introduced GAAR provisions in FY13 Budget and was scheduled to come into effect from April 1, 2014, but was delayed due to protest from global and domestic business leaders and investors. These GAAR provisions are based on the recommendations of the Parthasarathi Shome Committee, which was set up to frame a roadmap on the tax avoidance proposals.

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