The Central Board of Direct Taxes (CBDT) has amended Rule 10U of the Income-tax Rules, 1962, to provide significant clarity on the General Anti-Avoidance Rules (GAAR). The new amendment explicitly states that income from the transfer of investments made before 1st April 2017 will not be subject to GAAR provisions, even if the gains are realised after this date. This change aims to reduce litigation and provide certainty for taxpayers holding older investments.
The Central Board of Direct Taxes has notified the Income-tax (Tenth Amendment) Rules, 2026, introducing important clarifications to the applicability of General Anti-Avoidance Rules (GAAR) under the Income-tax Act, 1961.
The notification (G.S.R. 240(E)) dated 31st March 2026 amends Rule 10U of the Income-tax Rules, 1962, providing relief to taxpayers with investments made before 1st April 2017.
Key Highlights of the Amendment
1. Relief for Pre-2017 Investments
The amendment clearly states
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FAQ :
The amendment clarifies that income arising from the transfer of investments made before 1st April 2017 will be excluded from the General Anti-Avoidance Rules (GAAR) provisions.
The amended rules came into force immediately upon their publication in the Official Gazette on 31st March 2026.
No, the amendment specifically excludes income from the transfer of investments made before 1st April 2017 from GAAR, even if the gains are realised at a later date.
The amendment aims to provide relief to taxpayers with pre-2017 investments, reduce litigation related to GAAR, and enhance certainty in the tax treatment of legacy transactions.
GAAR provisions became effective from 1st April 2017.