Provisions of Chapter X-A of Income-tax Act, 1961 relating to General Anti Avoidance Rule (GAAR) made applicable from A.Y. 2018-19 in relation to the arrangement as specified therein. Explain all those cases/matters wher

CS Professional · Advanced Tax Laws · PYQS · December 2021
Provisions of Chapter X-A of Income-tax Act, 1961 relating to General Anti Avoidance Rule (GAAR) made applicable from A.Y. 2018-19 in relation to the arrangement as specified therein. Explain all those cases/matters where the provisions of GAAR do not apply.

Answer & Explanation:

The provision of General Anti Avoidance Rules 'GAAR' shall not apply in certain cases which are as follow: an arrangement where the tax benefit in the relevant assessment year arising, in aggregate, to all the parties to the arrangement does not exceed a sum of rupees three crores. a Foreign Institutional Investor: who is an assessee under the Act. who has not taken benefit of an agreement referred to in section 90 or section 90A as the case may be; and who has invested in listed securities, or unlisted securities, with the prior permission of the competent authority, in accordance with the Securities and Exchange Board of India (Foreign Institutional Investor) Regulations, 1995 and other regulations as may be applicable, in relation to such investments; a person, being a non-resident, in relation to investment made by him by way of offshore derivative instruments or otherwise, directly or indirectly, in a Foreign Institutional Investor. any income accruing or arising to, or deemed to accrue or arise to, or received or deemed to be received by, any person from transfer of investments made before the 1st day of April, 2017 by such person.

Topics: Income Tax

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