Understanding GAAR (General Anti-Avoidance Rules)..

Consider a situation where a foreign entity provides loan to an Indian company and receives interest which is not fixed but linked to profits. Or consider a treaty between India and country X whereby sale of shares in an Indian company held by an investor from country X shall be taxed only if the shares sold are more than 10%. The investor floats two subsidiaries and sells 9.9% shares through each of them. Are these tax mitigation, tax evasion or tax avoidance..??

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