India Budget 2022 Overrides Supreme Court Ruling—History Repeats Itself

One of the most anticipated amendments in India’s Union Budget of 2022–23 has been the retrospective overriding of the Supreme Court ruling in Canon India (March 2021), whereby a three-judge bench, while hearing a batch of customs appeals arising out of an investigation by the Directorate of Revenue Intelligence (DRI), held that an officer of the DRI is not a “proper officer” to issue show-cause notices or raise a customs duty demand against importers.

Against this backdrop, Kumar Visalaksh (Partner) and Arihant Tater (Senior Associate) of Economic Laws Practice (ELP) have co-authored an article titled ‘India Budget 2022 Overrides Supreme Court Ruling—History Repeats Itself’ published by Bloomberg Tax. In their article, Kumar and Arihant look at several amendments in the Finance Bill 2022 which effectively nullify the judgment of the Indian Supreme Court in the Canon India case and may now cause a wave of litigation by taxpayers challenging the constitutional validity of the amendments. The article further talks about the way forward.

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