Section 94(8) — the law in short
What the courts have decided on section 94(8), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Ayodhya Rami Reddy Alla v PCIT
High CourtHelps departmentUnder appeal
The AO invoked GAAR even though a specific anti-avoidance section covers my transaction. Can he do that?
Yes, on this ruling. Chapter X-A is not shut out because a specific anti-avoidance rule occupies part of the field: s.95(1) opens with a non-obstante clause, which displaces the usual presumption that the special provision excludes the general one, so GAAR can supersede a SAAR. The Court also refused to interfere at the initiation stage because s.144BA gives the assessee a reference to the Principal Commissioner and the Approving Panel.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.