When can an agreement be declared as 'Impermissible Avoidance Agreement' under The Income Tax Act, 1961?

CS Professional · Advanced Tax Laws · PYQS · December 2023
When can an agreement be declared as 'Impermissible Avoidance Agreement' under The Income Tax Act, 1961?

Answer & Explanation:

As per section 96 of the Income Tax Act, 1961, the Income Tax Commissioner will be empowered to declare an arrangement as an 'Impermissible Avoidance Arrangement' if: It creates rights, or obligations, which are not ordinarily created between persons dealing at arm's length; or It results, directly or indirectly, in the misuse, or abuse, of the provisions of this Act; or It lacks commercial substance or is deemed to lack commercial substance under section 97, in whole or in part; or It is entered into, or carried out, by means, or in a manner, which are not ordinarily employed for bona fide purposes.

Topics: Income Tax

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