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VOL. 4, ISSUE 1 (2022)
An analysis of the constitutional validity of retrospective amendments in taxing statutes
Authors
Niranjanaa A
Abstract
The faith in the nature of the law is founded on the substratum that every person is entitled to arrange his affairs based on the existing law and should not find that his plans have been upset by enacting a law with retrospective effect. Thus, the general expectation of people about law is current or existing law must only apply to the current activities. But this is not possible always; sometimes there will be need to make retrospective amendments in the interest of public. Last two decades have seen an array of retrospective amendments in taxing statute by the legislatures. These retrospective amendments have been justified by the legislatures by stating that they are made with the intention of correcting any errors or mistakes or for clarifying doubts or for curbing the economic offences of tax evasion and tax avoidance and for reducing the burden of procedural compliances. Now, there arises a question from where the power to make retrospective amendment in taxing statutes is granted to the legislature and whether such power is an absolute one. Generally, any amendment made to a statute must be consistent with the Constitution of India. Therefore, this paper tries to find out the constitutional validity of such retrospective amendment in taxing statutes through careful interpretation of the provisions of the Indian Constitution. It also discusses the procedure for making such retrospective amendments.
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Pages:1-6
How to cite this article:
Niranjanaa A "An analysis of the constitutional validity of retrospective amendments in taxing statutes ". International Journal of Law, Policy and Social Review, Vol 4, Issue 1, 2022, Pages 1-6
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