A Tale of Two Tax Systems: A Comparative Analysis of General Anti-Avoidance Rules Provisions in India and Australia

Hashimy, Sayed Qudrat (2023) A Tale of Two Tax Systems: A Comparative Analysis of General Anti-Avoidance Rules Provisions in India and Australia. JSS Journal for Legal Studies and Research, 9 (2). pp. 20-36. ISSN 2321-4171

[img] Text (Full Text)
A Tale of Two Tax.pdf - Published Version
Download (317kB)
Official URL: https://www.jsslawcollege.in/jsslc-online-journal/

Abstract

General Anti-Avoidance Rules (GAAR) is designed to curb tax evasion through legal loopholes, is explored in depth, shedding light on both jurisdictions' statutory intricacies and judicial decisions. While the overarching goals of GAAR align in both countries, notable disparities exist in their scope and application. In India, GAAR provisions extend to all arrangements, whereas in Australia, their application is limited to schemes. Notably, the Indian GAAR mandates a lack of commercial substance for the arrangement, a requirement absent in the Australian provisions. This paper examines a comprehensive comparative study of General Anti-Avoidance Rules (GAAR) in India and Australia, examining the legislative frameworks and judicial interpretations governing these provisions. The paper also scrutinizes judicial interpretations, revealing a more restrictive approach adopted by Indian courts in contrast to the comparatively liberal stance embraced by Australian counterparts. Drawing on the comparative analysis, the paper emphasizes the necessity of a nuanced, case-specific approach to the application of GAAR provisions, recognizing the distinct facts and circumstances of each situation. This paper contributes to a more profound understanding of the multifaceted nature of anti-avoidance principles in these jurisdictions by dissecting the divergences and convergences in India and Australia's statutory frameworks and judicial attitudes.

Item Type: Article
Uncontrolled Keywords: General Anti-Avoidance Rules, GAAR, India, Australia, tax avoidance, tax laws, statutory provisions, judicial interpretations
Subjects: L LAW > LAW
Divisions: Department of > Law
Depositing User: C Swapna Library Assistant
Date Deposited: 22 Nov 2024 05:28
Last Modified: 22 Nov 2024 05:28
URI: http://eprints.uni-mysore.ac.in/id/eprint/17815

Actions (login required)

View Item View Item
uomeprints is powered by EPrints 3 which is developed by the School of Electronics and Computer Science at the University of Southampton. More information and software credits.