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Research Paper Volume 4 Issue 3 4334 - 4348 June 19, 2021

Propriety of Retrospective Taxation

Lead author · Corresponding
Priyatam Bhardwaj
LLM Student at WBNUJS, India.
Co-author
Deval Divyansh Singh
student at Royal College of Law, Chaudhary Charan Singh University, Meerut (U.P), India.
Co-author
Anuja Paul
LLM Student at WBNUJS, India.
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.11889
Abstract

The retrospective rule-making approach has few supporters and, in inverse proportion, those who may grouch. Guards of retrospective laws by and large do so on the premise that they are essential evil invoked in particular or constrained circumstances, such as closing tax escape clauses, dealing with terrorists, or indicting fallen dictators. Be that as it may, the reality of retrospective rule-making is far more pervasive than this, and its purposes range from 'corrective' enactment to 'interpretive legislation' to legal decision-making. Legislators seemingly and arguably invoke retrospective legislation in economic laws like inter alia taxation etc. Assesses, predominantly corporate and high wealth network individuals, often curate schemes and formulas to avoid taxations and per contra. The government ought to make the law to allay any indiscernible debilitating loops. However, there is competing interest, and the government often has to introduce retrospective tax legislation as a prophylactic measure. In common parlance, people excoriate and questions the propriety of retrospective Taxation To derive necessary conclusions, we shall scrutinize retrospective taxation in the backdrop of constitutional spirit and rationality. Paper shall elucidate the facets of retrospective taxation and discernible ramifications. Paper shall take into account the ethical propriety and the constitutionality of retrospective laws in various jurisdictions. Paper shall also briefly allusion some of instances of retrospective taxation along with their justificatory accounts.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 4334 - 4348
DOI: https://doij.org/10.10000/IJLMH.11889
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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