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

The Court of Appeal ruling clarifies that treaty benefits are not abusive where transactions are commercially driven, providing greater certainty on “main purpose” anti-avoidance tests
Despite the Netherlands featuring an unusual concentration of World Tax-ranked technology-led providers, sources believe there’s a long way to go to challenge the established players
Ethics seems to be playing a subservient role to an entitlement culture borne out of a pervasive ‘revenue at all costs’ mentality at the big four
Historical World Tax data suggests the ‘largest law firm merger in history’ may not pose a serious threat to the world's leading tax practices
The repeal of Libya’s statute of limitations and tougher enforcement leave taxpayers navigating a high-stakes choice between conciliation and litigation
All the tax partners elevated across the UK, US and Singapore were private client specialists, continuing a market trend of intense investment and competition
Rolf van de Velde, dubbed ‘an expert chosen by experts’, is tasked with scaling Reptune’s self-service compliance offering
The newly combined firm brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York.
Building a transparent culture, prioritising internal promotions and being different from the big four are all key features of A&M Tax’s ambitious plans for India
ITR’s Indirect Tax Forum 2026 showed why harmonisation remains elusive, advisers must raise their game, and ‘everyone’s data is rubbish’
Gift this article