The Supreme Court dismissed the government’s review petition in the Vodafone tax case on Tuesday, affirming its January ruling that put overseas transfers of shares outside the Indian tax net. The review petition and last week’s budget proposals seeking retrospective changes have revived the uncertainty over tax laws, according to government officials, the Planning Commission and businesses. If Parliament passes the budget in its current form, the judgement in the Vodafone case...
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Madrasas waiting for amendment to RTE Act-JS Ifthekhar
Madrasa managements across the country are keenly watching the budget session of Parliament. No, they are not looking forward to the kind of budget that will be presented by the Finance Minister. Their anxiety is to see the promised relief coming in the Right to Education (RTE) Act for minority institutions. The government has promised to bring amendments to certain sections of the Act seen as having a ‘negative impact'...
More »SC slams govt's 'casual' approach on gay sex
-The Times of India The Supreme Court on Tuesday criticized the Centre's "casual approach" during the hearing on appeals challenging a Delhi High Court verdict diluting Section 377 of the Indian Penal Code to decriminalize consensual gay sex between consenting adults in private. The ministries of home affairs and health had opposed dilution of Section 377 before the HC but accepted the verdict and did not appeal against it in the apex...
More »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...
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...
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