Page Contents
Abbreviation: General Anti – Avoidance Rules
Tax avoidance is a major area of concern across the world. Rules framed by different countries to minimize avoidance of tax, in simple terms are named as GAAR.
GAAR is a concept which empowers the revenue authorities to deny the tax benefits which do not have any commercial substance or consideration.
There were conflicts between tax payers whenever revenue authorities question on such transactions. In a nutshell, GAAR is a set of rules which are based on general principles to check the potential avoidance of tax in general.
Tax havens are countries which have low tax regimes which provide individuals and business opportunities of tax avoidance or tax evasion.
There are roughly 45 tax havens in the world today. In Indian context, Mauritius is considered to be the most significant tax havens or tax evading route.
The Mauritius route can be described as a channel used by individuals and MNC’s to evade paying taxes in India. The tax evasion in India through this route is estimated to be in tune with 55 billion dollar.
Increased litigations.
Implementation of GAAR provides tremendous powers to deny tax benefit to an entity if a transaction has been carried with the sole intention of tax avoidance. Due to powers in the hand of taxmen, now innocents may be harassed by them.
–Here there is an arrangement and one of the main purposes is a tax benefit.
This is a case of tax mitigation where the tax payer is taking advantage of a fiscal incentive offered to him by submitting to the conditions and economic consequences of the provisions in the legislation. So this would not invoke GAAR.
–Here there is an arrangement and there is a tax benefit. The transaction lacks commercial substance and there is misuse of the tax provisions and thus revenue would invoke GAAR.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Hope the information will assist you in your Professional endeavors. For query or help, contact:singh@carajput.com or call at 9555555480
Capital Gains Tax Filing Checklist for FY 2025–26 What is a capital gain? Capital gain arises when you sell an… Read More
Understanding the Transition: Old vs New under Social Security Code, 2020 India’s labour law framework has undergone a major… Read More
2026 Guide : NRIs Sending Money to Parents or Family in India What NRIs Must Know About Taxes when Sending… Read More
Businesses can no longer afford “approximate compliance.” From 1 May 2026, Goods and Services Tax compliance has evolved into a… Read More
Salaried Employees: Big Income Tax Changes Coming from April 2026! India’s upcoming I. Tax Act, 2025, is set to bring… Read More
FCRA Amendment Bill 2026: Key Changes, Impact, and Compliance Guide The Foreign Contribution (Regulation) Amendment Bill, 2026, introduced on 25… Read More