Title: General Anti Avoidance rules (GAAR) – Recent issues and trends
Presenters: Amrish Shah, Anita Nair, Amit Dhoot, Li Mei Liew, Le Roux Roelofse, and Sheldon Tiancheng Zheng
Date: 29 July 2025, 2:00 PM – 3:00 PM SGT (GMT +8)
Prior to introduction of statutory General Anti-avoidance rules (GAAR), judicial anti-avoidance rules (‘JAAR’) existed in the form of the doctrine of ‘substance over form’. Statutory GAAR was then introduced in various APAC jurisdictions to codify and build on the principles laid down by JAAR and to discourage tax-motivated arrangements.
From an Indian perspective, GAAR is gaining increasing importance. While instances of revenue authorities invoking GAAR were previously not very common, there is now a noticeable shift in this trend owing to the formation of a GAAR panel and GAAR reporting in the Tax audit report etc.It therefore becomes even more imperative to evaluate transactions Suo motu through a GAAR lens to ensure that business rationale and commercial substance are the key drivers of any transaction.
The findings of a relatively recent Indian High Court ruling on GAAR unravels interesting insights that are noteworthy and trigger a discussion around the recent issues and trends on GAAR.
In the upcoming Dbriefs webcast, our tax and legal experts will share experiences on GAAR, covering India and other select APAC jurisdictions as well as South Africa (given that Indian GAAR was modelled on South African GAAR).