Parliament has the power and jurisdiction to clarify, enact law or bring amendments to a law with retrospective effect to remove the basis or defects in a judgment, say legal experts. Under the proposed amendment to the Income Tax Act announced by Finance Minister Pranab Mukherjee in the budget, to come into effect from April 1, 1962, all persons, resident or non-resident, having business connection in India will have to incur...
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The Food’s Off The Table-Harsh Mander
It is disappointing that the government has not taken any steps to provide for the Food Security Bill, which is in Parliament, in this budget. A significant announcement on it was anticipated this year; that would have been the only way to see it roll out in 2012. Now, I think, the government must be bargaining for legal processes to take over, which we know will take some time, before...
More »Vodafone-Hutch deal: Retrospective change to I-T Act-Nikhi Kanekal and Kian Ganz
The government introduced a retrospective clarification to the Income-Tax (I-T) Act, 1961, virtually amending the law to ensure that cross-border transactions such as the $11.08 billion (around Rs55,735 crore today) Vodafone-Hutchison deal are taxable. The Supreme Court had ruled this deal as not being taxable in India. The amendment becomes crucial because a review petition by the government on this case is pending before the Supreme Court, which might now have...
More »Why this will be a reform budget-Surjit S Bhalla
Most of us don’t even get a single shot at making history — Manmohan Singh has a second chance The fiscal deficit is an outcome, not a policy. It is the net resolution of the policies pertaining to taxes and expenditure. It is worth analysing separately the two components of the deficit. The table reports the results of relating the tax and expenditure share of GDP to per capita income for...
More »Remaking their destiny by Pamela Philipose
-WFS Pamela Philipose meets three tribal women who changed the course of their lives through sheer grit and determination, despite their circumstances Kaushal Markam’s experiences are not unusual. When she managed to get a job card entitling her to work on one of the government-run worksites under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), she was delighted. Money was always in short supply, and this 35-year-old Baiga tribal woman of Dongaria...
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