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 2025

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

Awards
Submit your nominations to this year's WIBL EMEA Awards by 6 February 2026
Defending loss situations in TP is not about denying the existence of losses but about showing, through proactive measures, that the losses reflect genuine commercial realities
Further empowerment of HMRC enforcement has been praised, but the pre-Budget OBR leak was described as ‘shambolic’
Michel Braun of WTS Digital reviews ITR’s inaugural AI in tax event, and concludes that AI will enhance, not replace, the tax professional
The report is solid and balanced as it correctly underscores the ambitious institutional redesign that Brazil has undertaken in adopting a dual VAT model, experts tell ITR
The Brazilian law firm partner warns against going independent too early, considers the weight of political pressure, and tells ITR what makes tax cool
The lessons from Ireland are clear: selective, targeted, and credible fiscal incentives can unlock supply and investment
The ITR in-house award winner delves into his dramatic novelisation of tax transformation, and declares that 'tax doesn’t need AI right now'
Recent news of job cuts at EY is symptomatic of how the PwC controversy has tarnished the reputation of the entire ‘big four’
Experts reportedly discussed extending the safe harbour to 2027 to give countries more time to legislate; in other news, Baker McKenzie and Greenberg Traurig made senior tax hires
Gift this article