Retrospective Taxation

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RETROSPECTIVITY OF TAX STATUTE

Submitted By: Priya Misra
Id. No.: 490

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANAGALORE

ACKNOWLEDGEMENT

The first and most academic debt that I have incurred during the preparation of this project is to Prof. Rajendra Babu, I am also grateful to the library staff for helping me in searching for the relevant data.

Priya Misra

CONTENT

Introduction …………………………………………………………..

Prospectivity or Retrospectivity of Tax…………………………….

Retrospectivity across the world…………………………………….

Precedent of retrospective taxation in India………………………..

Conclusion……………………………………………………………...

List of cases
* Allied Motors (P) Ltd. v. CIT (1997) 3 SCC 472
* Ashapura Minichem Ltd. v. ADIT (2010) 5 Taxman 57 (Bom) * Assistant Collector of Central Excise, Calcutta Division v. National Tobacco Co. of Inida Ltd. [ 19731] 1 SCR 822 * CIT v. India Steamship 196 ITR 917.

* CIT v. Sri Jagannath 191 ITR 676
* Clifford Chance v. DCIT (2009) 318 ITR 237 (Bom)
* Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1
* Ishikawajima Harima Heavy Industries Ltd. V. Director Of Income Tax Mumbai (2007) 3 SCC 481 * ITO v. Manoharlal 236 ITR 357
* Laxmi Industries Ltd. v. ITO 231 ITR 514
* Lohia Machines Ltd. V. Union of India AIR 1985 SC 421
* Maneka Gandhi v. Union of India, (1978) 1 SCC 248
* National Agricultural Co-operative Marketing Federation of India v. Union of India (2003) 5 SCC 23 * Padmore v. IRC(1989) STC 493
* R v. HMRC [2011] EWCA Civ 89
* R.K. Dalmia v. Justice Tendolkar AIR 1958 SC 1938.
* Rai Ramakrishna v. State of Bihar, (1963) 50 ITR 171
* Ram Bachan v. State of Bihar AIR 1967 SC 1404
* Re. Cauvery Water Disputes Tribunal 1993 SCC Supl. (1) 96 * Robert Huitson vs. HMRC [2010] EWHC 97 (Admin)
* S.R. Bhagwat & ors v. The state of Mysore 1996 AIR 188 * Sri Prithvi Cotton Mills Ltd. v. Broach Borough Municipality [1970] 1 S.C. R. 388 * Ujagar Prints v. Union of India [1989] 179 ITR 317

* Untermeyer v. Anderson 276 US 440 (1928)

INTRODUCTION
A retroactive statute is one which gives to pre-enactment conduct a different legal effect from that which it would have had without the passage of the statute.The most obvious kind of retroactive statute is one which reaches back to attach new legal rights and duties to already completed transactions. However, a statute may be retrospective even if it does not purport to have effect prior to its enactment; this is true, for example, of a statute which declares pre-existing obligations unenforceable in the future. It becomes clear that this latter classification should be included within any discussion of retroactive legislation when one considers the reasons why retroactive statutes have traditionally been regarded as undesirable. Perhaps, the most fundamental reason why retroactive legislation in suspect stems from the principle that a person should be able to plan his conduct with reasonable certainty of the legal consequences. Taxes are said to be the price we pay for being civilised; taxmen may, however, choose to charge this price in most uncivilized ways. Legislating with retrospective effect (also known as ex post facto law) is surely not civil – as it goes against the generic rule that every man must be aware of what his obligations are, and a law that creates obligations dating back in the past exposes men to a price that he could not have been aware of. This may be constitutionally good, but surely not civil. F A Hayek is credited with oft-cited passage: “Stripped of all technicalities [the rule of law] means the government in all its actions is bound by rules fixed and announced beforehand — rules which make it possible to foresee with fair certainty how the authority will use its coercive powers in given circumstances, and to plan one’s affairs...
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