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10/05/2012 - Myclipp

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Retrospective law<br />

The Lok Sabha has passed the Finance Bill without<br />

any change or modification on ?retrospective effect' in<br />

the Vodafone case. How can the company be asked to<br />

pay taxes with interest and penalty for an action that<br />

preceded the existence of the law? As on the date of<br />

the transaction, its tax liability as decided by the<br />

Supreme Court is nil. The image of the country is at<br />

stake in the global financial markets, especially when<br />

foreign direct investment is needed for India's<br />

economic development.The Finance Minister says that<br />

if foreign countries wish to invest in India, they must<br />

pay taxes. Yes, but one should not be asked to pay<br />

taxes for past transactions, when there was no tax<br />

liability.Tax evasion is illegal, but tax<br />

avoidance-planning within framework of laws is<br />

allowed to reduce tax liabilities.In the interest of<br />

revenue, such transactions can be taxed either from<br />

the date of notification, or from the next financial<br />

year.The best course of action is not to change laws<br />

with retrospective effect at all, especially if they<br />

increase financial tax liability for the past period(s).Still,<br />

there is time to drop this amendment, as the Finance<br />

Bill has not yet obtained the assent of the President.<br />

Or, drop it in the next Finance Bill with retrospective<br />

effect?Mahesh Kapasie-mailBreaking up euroEven as<br />

the ?Euro Zone crisis' seems to be intensifying by the<br />

day , it is really perplexing that an eminent authority on<br />

international financial matters, Paul Krugman, should<br />

consistently advocate "breaking up the euro''!<br />

(Business Line, May 8). The consequent dislocation,<br />

albeit for short periods, and the pain to be undergone<br />

while readjusting to different currencies in the changed<br />

set-up may become unbearable.K. GopalanBangalore<br />

Business Line/ - Markets, Qui, <strong>10</strong> de Maio de <strong>2012</strong><br />

CLIPPING INTERNACIONAL (Supreme Court)<br />

12

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