Comprehensive Analysis Of India's General Anti- Avoidance Rule (GAAR): Law, Practice, And Policy
- IJLLR Journal
- Sep 17
- 1 min read
J R Disha, Hidayatullah National Law University
ABSTRACT
This paper is an in-depth understanding of GAAR in India, including its legal basis, its operation, and the multi-dimensional effect it had on India's tax environment. Exploring its development as judicially applied principles to the current codified statute, the book analyses the elements of GAAR, the shortcomings in the OECD model which GAAR seeks to overcome and offers new insight into its application. It discusses the written law, procedural protections, ongoing judicial interpretation and interaction with international tax treaties and the wider global anti-BEPS movement. Comparatively, the paper is informed by existing GAAR regimes in the UK, Canada, South Africa and Australia. Upon this diagnosis of the problems it identifies, the report offers a battery of policy proposals aimed at creating a more certain and just tax system that would facilitate. The analysis identifies important problems in this respect (concerning certainty and discretion) and uses them to suggest policy changes for sustainable economic growth.
Keywords: GAAR (General anti avoidance Rule/Tax avoidance/Tax Mitigation/Tax Mitigation/Impermissible Avoidance Arrangement (IAA)/Commercial substance/Approving Panel/Shome Committee/Double Taxation Avoidance Agreement (DTAA)/ Base Erosion and Profit Shifting (BEPS)
