New Delhi:(Page3 News Network)-The implementation of General Anti Avoidance Rules, GAAR has been deferred by two years, It will now come into force from Ist of April 2016. Earlier, the provisions of GAAR were to be implemented from 1st of April, 2014. Talking to media persons in New Delhi today, Finance Minister P Chidambaram said that the Government has accepted major recommendations of the Shome Committee on GAAR with some modifications.
Mr. Chidambaram said that an arrangement, the main purpose of which is to obtain a tax benefit would be considered as an impermissible avoidance arrangement.
The current provision which prescribed the main purpose or one of the main purposes will be amended accordingly. He said the assessing officer will be required to issue a show cause notice, along with reasons to the assessee before invoking the provisions of the rules. The Finance Minister said the assessee will have an opportunity to prove that the arrangement is not an impermissible avoidance one.
Mr. Chidambaram said that GAAR will not apply to those Foreign Institutions Investors, FIIs who are not taking any benefit under an agreement under the Income Tax Act. Besides, it will also not apply to non resident investors in FIIs. Our correspondent reports that the panel headed by Dr. Parthasarathi Shome had submitted its report in September last year.
It had recommended that companies should be retrospectively taxed only in the rarest of rare cases. The setting up of the panel was approved in July last year by the Prime Minister Dr. Manmohan Singh in the wake of representations against some of the provisions of GAAR.
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