101. Schemes for obtaining tax benefits
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(1) Notwithstanding anything in this Act, if the Comptroller is satisfied that a scheme has been entered into or carried out where —
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(a) a person has obtained a tax benefit in connection with the scheme in a manner that constitutes a misuse of the provisions of this Act; and
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(b) having regard to the substance of the scheme, it would be concluded that the person, or one of the persons, who entered into or carried out the scheme did so for the sole or dominant purpose of enabling the person to obtain the tax benefit,
the Comptroller may determine the liability of the person who has obtained the tax benefit as if the scheme had not been entered into or carried out, or in such manner as in the circumstances the Comptroller considers appropriate for the prevention or reduction of the tax benefit.
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(2) In this section —
“scheme” includes any agreement, arrangement, promise, or undertaking whether express or implied and whether or not legally enforceable, and any plan, proposal, or course of action;
“tax benefit” includes —
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(a) a reduction in the liability of a person to pay value added tax;
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(b) an increase in the entitlement of a person to a deduction or refund;
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(c) a postponement of liability for the payment of value added tax;
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(d) an acceleration of entitlement to a deduction for input tax; or
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(e) any other avoidance or benefit from the delay in payment of tax or acceleration of entitlement to a deduction for input tax.