Citizens' Issues
BUDGET 2014: Retro tax amendment to be undertaken with extreme caution

Jaitley said all fresh cases arising out of the 2012 amendment of I-T Act will be looked into by a high level committee of CBDT

Assuring investors that retrospective amendments to tax laws will be undertaken with extreme caution, Finance Minister Arun Jaitley on Monday said all fresh cases arising out of the 2012 amendment of Income Tax (I-T) Act will be looked into by a high level committee of Central Board of Direct Taxes (CBDT).


However, the existing tax disputes arising out of Retrospective Amendment to the Income tax Act, 1961, which are pending in Courts, will be allowed to reach their logical conclusions, he said.


"The sovereign right of the government to undertake retrospective legislation in unquestionable. However, this power has to be exercised through extreme caution and judiciousness keeping in mind the impact of each such measure on the economy and the overall investment climate.


"This government will not ordinarily bring any change retrospectively which creates a fresh liability," Jaitley said while presenting the Budget for 2014-15.


He said consequent upon the retrospective amendment of the I-T Act, 1961, undertaken by Finance Bill of 2012, a few cases have come up in various courts and legal fora.


"These cases are at various stages of pendency and will naturally reach their logical conclusion," he said.


He said the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) government is committed to providing a stable and predictable taxable regime which would be investor friendly and spur growth.


"...Henceforth all cases arising out of retrospective amendment of 2012 in respect of indirect transfer and coming to the notice of Assessing Officers will be scrutinised by a high level committee to constituted by the CBDT before any action is initiated in such cases," he added.



Kiran Bhagwat

2 years ago

What Mr Jaitley said about retrospective tax during his budget speech seems to be in stark contrast to what they have actually done on the ground with Debt MFs including FMPs.
The industry thought this must have been an oversight and that the provision would be applicable from 1st April 2015 but it does not seem to be so!

People who have invested with a certain tax regime in mind have got a shock treatment. It appears from this news that even those who sold during current financial year but before the budget are going to be taxed at a higher rate!

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