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ITA 1961 → ITA 2025GAAR

Section 96 Section 195

Impermissible avoidance arrangement

RetainedHigh - Sets the legal boundary for aggressive tax planning.

Quick Answer

Section 96 of the Income Tax Act, 1961 (Impermissible avoidance arrangement) corresponds to Section 195 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 96

Under the Income Tax Act, 1961, Section 96 governs impermissible avoidance arrangement. Defines an impermissible arrangement as one whose main purpose is to obtain a tax benefit AND it creates abnormal rights, misuses the law, lacks commercial substance, or is not bona fide.

From 1st April 2026, the same subject sits at Section 195 of the Income-tax Act, 2025 — retained and renumbered as Section 195 of the Income-tax Act, 2025. Retained verbatim. The 'Main Purpose' test is central to invoking GAAR.

For Section 96, the practical impact is rated High. Sets the legal boundary for aggressive tax planning.

Old Law (ITA 1961)Ch: X-A

Sec 96

Provision Summary

Defines an impermissible arrangement as one whose main purpose is to obtain a tax benefit AND it creates abnormal rights, misuses the law, lacks commercial substance, or is not bona fide.

New Law (ITA 2025)Ch: XIII

Sec 195

Provision Summary

Retained verbatim. The 'Main Purpose' test is central to invoking GAAR.

Key Changes & Highlights

  • AI algorithms analyze complex M&A and demerger documents to flag potential GAAR violations for the review panel.

Related Sections

Frequently Asked Questions

What is Section 96 of the Income Tax Act, 1961 about?

Section 96 of the Income Tax Act, 1961 covers impermissible avoidance arrangement. Defines an impermissible arrangement as one whose main purpose is to obtain a tax benefit AND it creates abnormal rights, misuses the law, lacks commercial substance, or is not bona fide.

Which section replaces Section 96 in the Income-tax Act, 2025?

Section 96 of the Income Tax Act, 1961 maps to Section 195 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Retained verbatim. The 'Main Purpose' test is central to invoking GAAR.

What is the impact of the change to Section 96 under the new tax code?

The transition impact for Section 96 is rated High. Sets the legal boundary for aggressive tax planning.

What should I watch out for when Section 96 moves to the 2025 code?

AI algorithms analyze complex M&A and demerger documents to flag potential GAAR violations for the review panel. These points are specific to Section 96 (Impermissible avoidance arrangement).

Disclaimer: This mapping of Section 96 (Impermissible avoidance arrangement) to Section 195 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 96 is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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