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“general anti avoidance rule”

GAARSection 95Section 956 judgments

ASSISSTANT COMMISSIONER OF INCOME TAX, JHANDEWALAN EXTN. vs. OM PRAKASH ARORA, CONNAUGHT PLACE

In the result, appeal of the Revenue vide ITA No

ITA 5031/DEL/2024[2015-16]Status: DisposedITAT Delhi09 Jan 2026AY 2015-16

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2015-16] Assistant Commissioner Of Om Prakash Arora, Income Tax, Central Circle-01, M-3, Flat No.103, Avg Bhawan E-2, Jhandewalan Extn. Vs The Variety Books Depot. New Delhi-110055 Connaught Place, New Delhi-110001 Pan-Accpa9774F Assessee Revenue Cross Objection No.42/Del/2025 (Arising Out Of Ita No.5031/Del/2024) [Assessment Year: 2015-16] Om Prakash Arora, Assistant Commissioner Of Income M-3, Flat No.103, Avg Tax, Central Circle-01, Bhawan The Variety Books Vs E-2, Jhandewalan Extn. Depot. Connaught Place, New Delhi-110055 New Delhi-110001 Pan-Accpa9774F Assessee Revenue [Assessment Year: 2016-17] Assistant Commissioner Of Om Prakash Arora, Income Tax, Central Circle-01, M-3, Flat No.103, Avg Bhawan E-2, Jhandewalan Extn. Vs The Variety Books Depot. New Delhi-110055 Connaught Place, New Delhi-110001 Pan-Accpa9774F Assessee Revenue

Section 139(1)Section 143(3)Section 147Section 148Section 151

invoked by the Assessing Officer. 78 The other provision leading with charging of less consideration are contained in Chapter XA dealing with General Anti Avoidance Rules (GAAR). However, the provisions were ma applicable from 01.04.2018. Hence, the Assessing Officer could not have disturbed the consideration even when the allegation ... invoked by the Assessing Officer. 7.3.8 The other provision leading with charging of less consideration are contained in Chapter-A dealing with General Anti Avoidance Rules (GAAR). However, the provisions were made applicable from 01.04.2018. Hence, the Assessing Officer could not have disturbed the sale consideration even when the allegation

ASSISSTANT COMMISSIONER OF INCOME TAX, JHANDEWALAN EXTN. vs. OM PRAKASH ARORA, CONNAUGHT PLACE

In the result, appeal of the Revenue vide ITA No

ITA 5029/DEL/2024[2016-17]Status: DisposedITAT Delhi09 Jan 2026AY 2016-17

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2015-16] Assistant Commissioner Of Om Prakash Arora, Income Tax, Central Circle-01, M-3, Flat No.103, Avg Bhawan E-2, Jhandewalan Extn. Vs The Variety Books Depot. New Delhi-110055 Connaught Place, New Delhi-110001 Pan-Accpa9774F Assessee Revenue Cross Objection No.42/Del/2025 (Arising Out Of Ita No.5031/Del/2024) [Assessment Year: 2015-16] Om Prakash Arora, Assistant Commissioner Of Income M-3, Flat No.103, Avg Tax, Central Circle-01, Bhawan The Variety Books Vs E-2, Jhandewalan Extn. Depot. Connaught Place, New Delhi-110055 New Delhi-110001 Pan-Accpa9774F Assessee Revenue [Assessment Year: 2016-17] Assistant Commissioner Of Om Prakash Arora, Income Tax, Central Circle-01, M-3, Flat No.103, Avg Bhawan E-2, Jhandewalan Extn. Vs The Variety Books Depot. New Delhi-110055 Connaught Place, New Delhi-110001 Pan-Accpa9774F Assessee Revenue

Section 139(1)Section 143(3)Section 147Section 148Section 151

invoked by the Assessing Officer. 78 The other provision leading with charging of less consideration are contained in Chapter XA dealing with General Anti Avoidance Rules (GAAR). However, the provisions were ma applicable from 01.04.2018. Hence, the Assessing Officer could not have disturbed the consideration even when the allegation ... invoked by the Assessing Officer. 7.3.8 The other provision leading with charging of less consideration are contained in Chapter-A dealing with General Anti Avoidance Rules (GAAR). However, the provisions were made applicable from 01.04.2018. Hence, the Assessing Officer could not have disturbed the sale consideration even when the allegation

ACIT-2(1)(1),MUMBAI, MUMBAI vs. VALLABH ROOPCHAND BHANSHALI, MUMBAI

In the result, appeal of the Revenue is allowed

ITA 889/MUM/2024[2017-18]Status: DisposedITAT Mumbai06 Aug 2024AY 2017-18

Bench: Ms. Kavitha Rajgopal & Shri Gagan Goyalacit Circle 2(1) (1), R. No. 575, 5Th Floor, Aayakar Bhavan, Mumbai- 400 020. ...... Appellant Vs. Shri Vallabh Roopchand Bhansali, 18Th Floor, 191, Dongarsi Road, Walkeshwar, Mumbai-400 006 Pan: Aabpb4198H ..... Respondent

For Appellant: Shri Ankush Kapoor, Ld. DRFor Respondent: Shri C. Balaram Murthy, Ld. AR
Section 10(38)Section 143(2)Section 250

assessee’s case cannot be equated. Further, in such type of matter, inference can be drawn from Section - 95, [CHAPTER X-A GENERAL ANTI- AVOIDANCE RULE], although applicable w.e.f. A.Y. 2018-19 onwards. It is further held that the arrangement under scrutiny appears to lack commercial substance. It was noticed ... jurisdictions for residence as well as for sourcing capital. Most countries have codified the "substance over form" doctrine in the form of General Anti Avoidance Rule (GAAR). In the above background and keeping in view the aggressive tax planning with the use of sophisticated structures, there is a need

BHAVIK SINGHAL,JAIPUR vs. ITO WARD 1(1), JAIPUR, JAIPUR

In the result, the appeal of the assesee is allowed

ITA 107/JPR/2024[2020-21]Status: DisposedITAT Jaipur28 May 2024AY 2020-21

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Rajeev Sogani, CAFor Respondent: Smt. Monisha Choudhary, Addl. CIT-DR
Section 139(1)Section 143(1)Section 154Section 90

Section 90 which states that "notwithstanding anything contained in sub-section (2), the provisions of Chapter X-A (dealing with the General Anti Avoidance Rules) of the Act shall apply to the 7 BHAVIK SINGHAL VS ITO, WARD 1(1) JAIPUR assessee even if such provisions are not beneficial

LEAPFROG FINANCIAL INCLUSION INDIA (II) LTD,MAURITIUS vs. ACIT, CIRCLE 2(2)(1), INTERNATIONAL TAXATION, NEW DELHI

ITA 366/DEL/2023[2020-21]Status: DisposedITAT Delhi11 Aug 2023AY 2020-21

Bench: Sh. G. S. Pannu & Sh. Saktijit Dey, Vice-Ita Nos.365 & 366/Del/2023 (Assessment Years : 2019-20 & 2020-21) & Stay Application No.85/Del/2023 (Assessment Year : 2020-21) Leapfrog Financial Vs. Acit Inclusion India (Ii) Ltd., Circle – 2(2)(1) 2Nd Floor, C/O Axis New Delhi Fiduciary Ltd., The Axis 26 Cybercity, Ebene, Mauritius - 72201 Pan No. Aaccl 8541 Q (Appellant) (Respondent) Assessee By Shri Deepak Chopra, Adv. Shri Anmol Anand, Adv. Ms. Priya Tandon, Adv. Revenue By Shri Vizay B. Vasanta, Cit-D.R. Date Of Hearing: 15.05.2023 Date Of Pronouncement: 11.08.2023

Section 143(3)Section 144C(13)

Mauritius DTAA, which is outside the purview of Article 27A. 8. Without prejudice to the aforesaid submissions, Learned Counsel submitted, after codification of General Anti Avoidance Rules (GAAR) under Chapter XA of the Act. The choice of the tax payer to seek treaty benefit, in case it is more beneficial

LEAPFROG FINANCIAL INCLUSION INDIA (II) LTD,MAURITIUS vs. ACIT, CIRCLE 2(2)(1), INTERNATIONAL TAXATION, NEW DELHI

ITA 365/DEL/2023[2019-2]Status: DisposedITAT Delhi11 Aug 2023

Bench: Sh. G. S. Pannu & Sh. Saktijit Dey, Vice-Ita Nos.365 & 366/Del/2023 (Assessment Years : 2019-20 & 2020-21) & Stay Application No.85/Del/2023 (Assessment Year : 2020-21) Leapfrog Financial Vs. Acit Inclusion India (Ii) Ltd., Circle – 2(2)(1) 2Nd Floor, C/O Axis New Delhi Fiduciary Ltd., The Axis 26 Cybercity, Ebene, Mauritius - 72201 Pan No. Aaccl 8541 Q (Appellant) (Respondent) Assessee By Shri Deepak Chopra, Adv. Shri Anmol Anand, Adv. Ms. Priya Tandon, Adv. Revenue By Shri Vizay B. Vasanta, Cit-D.R. Date Of Hearing: 15.05.2023 Date Of Pronouncement: 11.08.2023

Section 143(3)Section 144C(13)

Mauritius DTAA, which is outside the purview of Article 27A. 8. Without prejudice to the aforesaid submissions, Learned Counsel submitted, after codification of General Anti Avoidance Rules (GAAR) under Chapter XA of the Act. The choice of the tax payer to seek treaty benefit, in case it is more beneficial