98. Consequences of impermissible avoidance arrangementnvestments

98. Consequences of impermissible avoidance arrangementnvestments. — (1) If an arrangement is declared to be an impermissible avoidance arrangement, then, the consequences, in relation to tax, of the arrangement, including denial of tax benefit or a benefit under a tax treaty, shall be determined, in such manner as is deemed appropriate, in the circumstances of the case, including by way of but not limited to the following, namely:—

 (a) disregarding, combining or recharacterising any step in, or a part or whole of, the impermissible avoidance arrangement;

 (b) treating the impermissible avoidance arrangement as if it had not been entered into or carried out;

 (c) disregarding any accommodating party or treating any accommodating party and any other party as one and the same person;

 (d) deeming persons who are connected persons in relation to each other to be one and the same person for the purposes of determining tax treatment of any amount;

 (e) reallocating amongst the parties to the arrangement—

   (i) any accrual, or receipt, of a capital nature or revenue nature; or

  (ii) any expenditure, deduction, relief or rebate;

  (f) treating—

   (i) the place of residence of any party to the arrangement; or

  (ii) the situs of an asset or of a transaction,

at a place other than the place of residence, location of the asset or location of the transaction as provided under the arrangement; or

 (g) considering or looking through any arrangement by disregarding any corporate structure.

(2) For the purposes of sub-section (1),

  (i) any equity may be treated as debt or vice versa;

 (ii) any accrual, or receipt, of a capital nature may be treated as of revenue nature or vice versa; or

(iii) any expenditure, deduction, relief or rebate may be recharacterised.