Tax avoidance: anti-avoidance measures target arrangements exploiting loopholes to prevent artificial tax benefits. Anti-avoidance measures address schemes that exploit legal gaps to reduce tax liability by distinguishing Tax Planning (lawful minimization), Tax Avoidance (using loopholes to frustrate legislative intent), and Tax Evasion (illegal concealment). Common avoidance techniques include deferment, recharacterization, elimination or shifting of income, treaty shopping, artificial intermediaries, excessive debt, transfer pricing manipulation, and use of tax havens. Statutory and judicial anti-avoidance rules, including GAAR, aim to neutralize tax benefits that defeat the intent of tax law.
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Provisions expressly mentioned in the judgment/order text.
Anti-avoidance measures address schemes that exploit legal gaps to reduce tax liability by distinguishing Tax Planning (lawful minimization), Tax Avoidance (using loopholes to frustrate legislative intent), and Tax Evasion (illegal concealment). Common avoidance techniques include deferment, recharacterization, elimination or shifting of income, treaty shopping, artificial intermediaries, excessive debt, transfer pricing manipulation, and use of tax havens. Statutory and judicial anti-avoidance rules, including GAAR, aim to neutralize tax benefits that defeat the intent of tax law.
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