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Question

Which of the statements given below is/are correct?
1. In India, the provisions of General Anti-Avoidance Rule (GAAR) will be implemented with effect from 1 April 2015
2. The provisions of GAAR were aimed at checking tax avoidance by overseas investors
Select the correct answer using the code given below :

The correct answer is
2 only

GAAR Provisions: Implementation and Purpose Analysis

This question concerns the General Anti-Avoidance Rule (GAAR) in India, specifically its implementation date and objectives.

Statement 1 Analysis: GAAR Implementation Date

  • The statement claims GAAR provisions were implemented effective 1 Statement 1 Analysis: GAAR Implementation Date}
  • The provisions of the GAAR were originally set to be implemented from April 1, 2017. This date was subsequently confirmed and announced in the Finance Act, 2015, but its commencement was deferred. The statement suggesting implementation from 1 April 2015 is incorrect. The correct effective date for GAAR provisions was 1 April 2017. LaTeX Representation: $1^{\text{st}}$ April 2017.

Statement 2 Analysis: GAAR Objective

  • The primary aim of introducing GAAR provisions was to provide a mechanism to deter tax avoidance and treaty shopping.
  • It allows tax authorities to disregard arrangements or transactions that are deemed to be primarily entered into for tax benefits, including those involving overseas investors.
  • Therefore, the statement that GAAR provisions were aimed at checking tax avoidance by overseas investors is correct.

Conclusion

Based on the analysis, Statement 1 is incorrect regarding the implementation date, while Statement 2 correctly identifies a key objective of GAAR.

Correct Answer: Option B (2 only)

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Important Questions from Tax Structure In India

  1. GST is a/an
  2. Which one of the following has the largest contribution to the Gross Tax Revenue of Government of India in 2019-20 (BE)?
  3. Under Section 10(26) of the Income Tax Act, which of the following category of people are exempted from income tax?
  4. The tax imposed on import and export of commodity is known as
  5. Which one of the following is not a fiscal instruments?

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