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Foreign Jurisprudence on Gaars and Their Relevance to India

Authors: Ganesh Rajgopalan;

Foreign Jurisprudence on Gaars and Their Relevance to India

Abstract

The general anti-avoidance rules have been introduced in the Indian direct tax landscape recently. It will be some years before the judicial examination of the provisions and their interpretation by the courts are available as guidance to the taxpayers and the administrators. In this scenario, a scan of the legal provisions with countries with codified GAAR may provide some insights into how the provisions will eventually be interpreted by the courts. Though this is not an attempt to do a comprehensive comparison of the GAAR of various countries, this discussion aims to touch upon the significant areas and hopefully provide to the reader some straws in the wind about how the Indian GAAR provisions will be understood in the future.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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