GAAR Provisions: The Need for Internationally Accepted Restrictions on Application

In this article, the authors examine the uncertainties created by, and the possible restrictions in the application of, India’s new general anti-avoidance rule (GAAR). They consider its interaction with income tax treaty benefits and the OECD’s multilateral instrument. The article canvasses the pre-GAAR approach adopted in Indian case law, reviews clarifications issued by the Central Board of Direct Taxation in 2017 and surveys jurisprudence in other common law jurisdictions as a source of guidance for Indian courts, which will need to interpret the new law.