Shome on appropriateness of retrospective approach to tax policy

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Shome on appropriateness of retrospective approach to tax policy

Parthasarathi Shome, minister of state to the Indian finance minister, has said there are instances where retrospective approaches, by tax authorities, are inappropriate. He was speaking at an international tax conference at the Confederation of Swedish Enterprise last week.

shome150.jpg

The minister was asked by Barbara Angus, of Ernst & Young in Washington, whether he thought there are instances when retrospective approaches are appropriate.

Shome replied that in instances where new evidence comes to light, a retrospective approach would be a useful tool, especially going back up to 10 years and in particular with regard to exchange of information.

Shome chaired an expert committee in 2012 which determined that retrospective application of Indian tax law should only take place in exceptional or the ‘rarest of rare’ cases. This followed the government’s insertion of retrospective amendments in last year’s Finance Bill.

The minister also said in Sweden that retrospective approaches may be able to help in some cases that cannot be solved simply with rules and ordinance.

However, he added that authorities should not try to apply retrospection in rulings by the Supreme Court and other precedents set by the judiciary if it would create a fundamental change.

more across site & shared bottom lb ros

More from across our site

Advisers who do not register for the new regime in time could be prevented from interacting with HMRC, the tax authority said
Valid pillar two objectives are still intact after the side-by-side agreement, but whether the framework is now settled is ‘a $64,000 question’, Morrison Foerster’s tax chair told ITR
Ian Halligan previously led Baker Tilly’s international tax services in the US
Exclusive ITR data emphasises that DEI does not affect in-house buying decisions – and it’s nothing to do with the US president
The firms made senior hires in Los Angeles and Cleveland respectively; in other news, South Korea reported an 11% rise in tax income, fuelled by a corporation tax boom
The ‘deeply flawed’ report is attempting to derail UN tax convention debates, the Tax Justice Network’s CEO said
Salim Rahim, a TP specialist, had been a partner at Baker McKenzie since 2010
While the manual should be consulted for any questions around MAPs, the OECD’s Sriram Govind also emphasised that the guidance is ‘not a political commitment’
The landmark Indian Supreme Court judgment redefines GAAR, JAAR and treaty safeguards, rejects protections for indirect transfers and tightens conditions for Mauritius‑based investors claiming DTAA relief
The expansion introduces ‘business-level digital capabilities’ for tax professionals, the US tax agency said
Gift this article