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The Reasoning Behind Retrospective Laws

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What is the reasoning behind retrospective laws? Why have they been introduced? At the outset, they seem quite unfair since a company would have designed a particular business strategy keeping the tax structure in mind. The issue that follows is, whether there is some deeper economic or political meaning behind the retrospective laws or not.
Every Statute which takes away or impairs rights acquired under existing laws, or creates a new obligation or imposes a new duty, or attaches a new disability in respect of transactions already passed , must be presumed to be intended not to have a retrospective effect.(1) In the words of Lord Blanesburg, “provisions which touch a right in existence at the passing of the statute are not to be applied …show more content…

Investors base their decision on the current laws at the time of investment, although there is a scope for changes in laws in the future, yet, they do not expect them to change retrospectively. Political theorist Joseph Raz says: “A person cannot be guided by a law which did not exist at the time when the action occurred. It is fundamentally unfair to hold a person to be in contravention of the law when that law did not exist when the alleged contravention occurred”

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Retrospective Legislations have occurred from time to time , the first controversial one being in 1983(footnote) where a rule regarding tax exemption upon new industrial undertakings as percentage of capital employed in such undertakings was struck down as being inconsistent with the Parent Act as it provided for excluding long term liabilities. This retrospective amendment was challenged on the ground that the companies had altered their position acting on the face and belief that the parent law would prevail and if the laws were amended retrospectively, it would be really harsh and burdensome. Still, the amendment stood as being clarificatory in nature.
"EVERY government has a right to levy taxes. But no government has the right, in the process of extracting tax, to cause misery and harassment to the taxpayer and the gnawing feeling that he is made a victim of palpable injustice."(4) Recent years have seen a spate of retrospective

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