GAAR exceptions carve out low value benefits and specific investor investments from anti avoidance applicability. The rule exempts from Chapter X-A the General Anti Avoidance Rule where the aggregate tax benefit to all parties in the relevant year falls below a specified threshold, and also excludes specified investors and structures such as certain Foreign Institutional Investors, non-residents investing via those investors or offshore derivative instruments, and transfers of investments made before a cutoff date; it further provides that Chapter X-A may apply to tax benefits obtained on or after that cutoff regardless of arrangement date and defines key terms for consistent computation of tax benefit.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
GAAR exceptions carve out low value benefits and specific investor investments from anti avoidance applicability.
The rule exempts from Chapter X-A the General Anti Avoidance Rule where the aggregate tax benefit to all parties in the relevant year falls below a specified threshold, and also excludes specified investors and structures such as certain Foreign Institutional Investors, non-residents investing via those investors or offshore derivative instruments, and transfers of investments made before a cutoff date; it further provides that Chapter X-A may apply to tax benefits obtained on or after that cutoff regardless of arrangement date and defines key terms for consistent computation of tax benefit.
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