CHAPTER XA - GENERAL ANTI-AVOIDANCE RULE Archives

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March 1, 2018

Published by Law@HostBooks at March 1, 2018

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Section – 102 : Definitions

102. In this Chapter, unless the context otherwise requires,— (1) “arrangement” means any step in, or a part or whole of, any transaction, operation, scheme, agreement or understanding, whether enforceable […]

March 1, 2018

Published by Law@HostBooks at March 1, 2018

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Section – 101 : Framing of guidelines

101. The provisions of this Chapter shall be applied in accordance with such guidelines and subject to such conditions, as may be prescribed.33

March 1, 2018

Published by Law@HostBooks at March 1, 2018

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Section – 100 : Application of this Chapter

100. The provisions of this Chapter shall apply in addition to, or in lieu of, any other basis for determination of tax liability.

March 1, 2018

Published by Law@HostBooks at March 1, 2018

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Section – 99 : Treatment of connected person and accommodating party

99. For the purposes of this Chapter, in determining whether a tax benefit exists,— (i) the parties who are connected persons in relation to each other may be treated as […]

March 1, 2018

Published by Law@HostBooks at March 1, 2018

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Section – 98 : Consequences of impermissible avoidance arrangement

98. (1) If an arrangement is declared to be an impermissible avoidance arrangement, then, the consequences, in relation to tax, of the arrangement, including denial of tax benefit or a […]

March 1, 2018

Published by Law@HostBooks at March 1, 2018

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Section – 97 : Arrangement to lack commercial substance

97. (1) An arrangement shall be deemed to lack commercial substance, if— (a) the substance or effect of the arrangement as a whole, is inconsistent with, or differs significantly from, […]

March 1, 2018

Published by Law@HostBooks at March 1, 2018

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Section – 96 : Impermissible avoidance arrangement

96.(1)An impermissible avoidance arrangement means an arrange- ment, the main purpose of which is to obtain a tax benefit, and it— (a) creates rights, or obligations, which are not ordinarily […]

March 1, 2018

Published by Law@HostBooks at March 1, 2018

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Section – 95 : Applicability of General Anti-Avoidance Rule

95.32(1) Notwithstanding anything contained in the Act, an arrangement entered into by an assessee may be declared to be an impermissible avoidance arrangement and the consequence in relation to tax […]