Govt likely to amend controversial retrospective tax rules next month

08 Jan 2013 Evaluate

In a move that may help out to settle British-based Vodafone Group Plc's long-running $2 billion tax dispute, the government is expected to approach Parliament next month to mitigate retrospective tax rules that damaged investor confidence. The government was heavily criticized by the corporate sector for setting up the tough tax rules last year at a time when India was suffering a sharp economic downturn and trying to encourage investment.

Though its not clear whether the government was considering a waiver of the entire tax bill or cancelling interest and penalty charges on the original tax demand. Meanwhile, along with the Budget, the finance minister is expected to introduce amendments in the 2013 Finance Bill to revise the amendments that were introduced last year.

The finance minister for last several months has been considering recommendations of the Parthasarathi Shome committee, which suggested that past mergers and acquisitions should not be taxed, or the government should waive both interest and penalty. Accordingly the finance minister is working out a solution based on the recommendations to the Vodafone dispute in view of its impact on revenue receipts as well as investor sentiment.

To provide tax relief to the company, the government would require parliament's nod, since this would also affect tax demands amounting to at least $5.5 billion for other such deals.

Vodafone, the largest overseas corporate investor in India, has repeatedly been in conflict with Indian authorities over taxes since it bought Hutchison Whampoa's local mobile business in 2007.  A year ago, the Supreme Court ruled in favour of Vodafone in a five-year, $2 billion battle with Indian tax authorities arising from its acquisition of Hutchison Whampoa's Indian mobile business.

The government later revised 50-year-old tax laws allowing it to make retroactive tax claims on long-concluded corporate deals. Prime Minister Manmohan Singh set up a panel to review the changes after global business groups criticized the move. The panel has recommended that the law to tax deals retrospectively should be scrapped, but the government is yet to make a final decision.

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