The recent amendment of the Income Tax Act, which allows India to tax foreign takeovers retroactively to 1962, has raised concerns in the US corporate sector. US is of the view that such steps dampen enthusiasm about India's investment climate. The US Treasury Secretary Timothy Geithner has reportedly told his Indian counterpart that US businesses have become worried about changes in India's tax regime for foreign companies. Also Washington is examining India's proposed tax provisions to determine how they will impact on the US-India bilateral income tax treaty and overall economic relations.
Timothy has reportedly encouraged Finance Minister Pranab Mukherjee to reassure foreign investors that India will continue to welcome foreign capital. The Finance Minister in this year’s Union Budget came up with a proposal to amend the IT Act with retrospective effect to bring into the tax net Vodafone-type merger and acquisition deals involving assets in India. The UK-based Vodafone, which in 2007 bought Hong Kong-based Hutchison’s telecom business that included Indian assets for around $11 billion, has attracted tax of Rs 11,000 crore.
However, Vodafone has refused to pay the tax arguing that since both companies are not based in India, the tax rule does not apply on them. The Supreme Court has given its judgment in favour of Vodafone. Nevertheless, the amendment to the law itself and the ability of the IT department to tax companies retrospectively has drawn flak from investors domestically and internationally.
In recent months, foreign investors have begun to sour on India due to these major policy swings. In a letter to Premier Manmohan Singh earlier this month, seven global business groups, including the Confederation of British Industry and the US Business Roundtable, warned of a 'widespread reconsideration of the costs and benefits of investing in India.'
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