Government not being vindictive by amending the Income Tax Act retrospectively: FM

26 Mar 2012 Evaluate

The Finance Minister, Pranab Mukherjee has clarified that the government is not being vindictive by amending the Income Tax Act retrospectively. As per the FM, the amendment is only to check the loss occurring to the ex-chequer due to incorrect interpretation of the law. Further since he is the custodian of the money given by 120 crore people through taxation, the change has been the absolute requirement of the law. He further clarified that the government does not intend to re open all cases from the date of enactment as it is just not permissible as per law.

Mukherjee’s proposal in the Budget to retrospectively amend the Income-Tax Act with effect from April, 1962, to tax deals involving overseas companies that have interests in India, has generated criticism with some suggesting that it would impact investments into the country.

The FM’s clarifications come against the backdrop of the Supreme Court order that held that the $11-billion deal between British telecom giant Vodafone and Hong Kong-based Hutchison’s telecom business, involving India assets, was not liable to tax in the country. The apex court rejected the I-T department’s demand for Rs 10,000 crore tax on the deal.

The Finance Minister is also of the opinion that though the Supreme Court remains the final interpreter of the law, it does not mean that the legislators cannot express their intentions. He has maintained that the Supreme Court’s order was of great significance to the government, and within hours of the court dismissing the Centre’s review petition in the Vodafone case, he had directed officials to return the money collected from the telecom company. The Government paid back Rs 2,500 crore along with 4% interest to Vodafone on March 2.

 

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