FM’s proposal to back-date tax claims on overseas deals draws flak

20 Mar 2012 Evaluate

The government’s proposal to back-date tax claims on overseas deals involving local assets has come in for criticism from the industry. It is being said that the amendment is only likely to sour foreign investment sentiment in the country, especially at a time when India is in critical need of foreign investment. However, the government on its part has stated that the proposals are not meant to cause undue harassment to companies and will not impact overseas investment into the country.

The Finance Minister, Pranab Mukherjee, in his Union Budget on March 16, introduced a proposal to amend India's 1962 Income Tax Act and allow Indian tax authorities to retrospectively tax cross-border transactions in which the underlying assets are located in India. 

The amendment has come in after the Supreme Court gave a ruling in favour of Vodafone about the dispute involving the government’s demand for taxes and the company’s refusal to do so. The income tax authorities had asked the London listed Vodafone to pay a tax of $2.2 billion on its deal with Hong Kong-listed Hutchinson Whampoa Ltd since the involved assets were located in India. However Vodafone disagreed and said that since the deal was between two overseas entities, India had no right to tax the same. The Supreme Court had agreed to the stand taken by Vodafone and was applauded by the business groups for the same, as it was seen as a step that brought in greater clarity to foreign investments in India.

The government, on its part has recently stated that the amendment proposed is only to clarify the correct intent of the law and is not aimed at double taxation. In fact it is only to prevent ‘no taxation’. The finance secretary, R.S. Gujral has also clarified that the provision of allowing the tax authorities to re examine six year old cases does not mean that the department will examine all cases. It is only to benefit cases which are at different stages of assessment or appeals and the arrangement has been made between entities to deliberately avoid tax. Moreover the government will have in place sufficient safeguards to ensure tax officials do not misuse the provisions.

Apart from Vodafone, the amendment is also likely to affect Kraft Foods Inc’s 2010 acquisition of Cadbury’s Indian business and deals involving Indian assets sold by AT&T Inc and SABMiller Plc’s purchase of Fosters.

The decision has sent a wrong signal in the international business community as it has brought in light a tendency of the Indian government to make retrospective amendments. This is likely to make foreign investors wary of choosing India as an investment destination especially at a time when the country has seen a year of government scandals, lack of commitment to economic reforms and a falling GDP. 

 

 

© 2026 The Alchemists Ark Pvt. Ltd. All rights reserved. MoneyWorks4Me ® is a registered trademark of The Alchemists Ark Pvt. Ltd.

×