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Parliament can amend law to remove basis of judgment, say legal experts by J Venkatesan

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...

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Mukherjee’s budget: giving ‘aam aadmi’ a wide berth-Liz Mathew

The common man, whose concerns were at the heart of the Congress-led United Progressive Alliance’s two successful election campaigns, doesn’t seem to be the focus of finance minister Pranab Mukherjee’s budget. Experts and political analysts say the aam admi doesn’t appear to be the dominant concern anymore, prompting speculation about Congress party chief Sonia Gandhi’s role. She has thus far been setting the UPA’s social agenda through the National Advisory Council...

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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...

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Food subsidy allocation way short of requirement-Gargi Parsai

Food subsidy allocation in the budget for 2012-13 is way short of what is required for the implementation of the proposed National Food Security Act, despite a categorical assurance by Finance Minister Pranab Mukherjee that the government would “fully provide” food subsidy to administer UPA's flagship Legislation. In fact, the regular food subsidy requirement has been cut. While declaring that the government proposed to phase out subsidies in fertilizer and petroleum...

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