Final Report of the Expert Committee on General Anti Avoidance Rules (GAAR) in Income-tax Act, 1961
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General Anti-Avoidance Rules recommendations narrow GAAR scope, add safeguards, and defer implementation for greater certainty.
General Anti-Avoidance Rules under the Income-tax Act were examined with recommendations to confine GAAR to abusive, contrived and artificial arrangements, to require the main purpose of obtaining tax benefit, and to define commercial substance by material effect on business risks or net cash flows. The Committee also proposed deferral of implementation, grandfathering of existing investments, a monetary threshold, restriction of connected person, exclusion where specific anti-avoidance rules or treaty limitation-of-benefits provisions apply, and procedural safeguards through a permanent Approving Panel, prescribed forms, time limits, and detailed Revenue reasons.