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The Budget has delivered a googly — the retrospective tax

06 Feb 2026
2 min

Overview of Budget 2026

The Budget 2026 received overwhelmingly positive feedback, with descriptors like "businesslike," "calm," "collected," and even "boring." It garnered a 95% approval rating, a remarkable achievement in over three decades of budget analysis. However, it wasn't without controversy, as a contentious retrospective tax on Sovereign Gold Bonds (SGBs) emerged.

Retrospective Tax on Sovereign Gold Bonds (SGBs)

  • Introduction of SGBs: Initiated in 2015-16 to curb gold imports by offering paper gold, exempting capital gains from taxes.
  • New Tax Implications: From April 2026, a 12.5% long-term capital gains tax will apply due to soaring gold prices, sparking criticism for being unfair and counterproductive.
  • Government's Financial Gain: The move is expected to generate only Rs 200 crore annually, a mere .005% of total tax receipts for 2025-26.
  • Historical Benefits: SGBs helped stabilize the rupee by reducing physical gold imports and allowed the government to borrow at lower rates, saving significant amounts compared to market rates.

Criticism of Retrospective Taxation

  • Policy Impact: Retrospective taxes are criticized for damaging investor trust and reflecting poorly on India's budget and decision-making processes.
  • Call for Policy Reform: Advocacy for an open, collaborative budget preparation process, moving away from secretive colonial practices.

Positive Aspects of Budget 2026

  • Policy Announcements: Income tax and GST reforms were communicated in advance, marking a shift toward transparency.
  • Trade and Deregulation: Significant trade deals and deregulation efforts, aligned with the NITI Aayog report, indicate a progressive economic stance.

Challenges in Private Investment

The lack of private investment growth remains a critical concern. The share of private investment in GDP has dropped about 10 percentage points from its peak, prompting concern over the investment climate in India.

  • FDI Concerns: Net Foreign Direct Investment (FDI) is declining, being barely positive and at its lowest since 1990, partly due to past retrospective tax policies.
  • Investment Treaty Issues: Criticism of the 2015 Model Bilateral Investment Treaty for its stringent requirements, discouraging foreign investments.


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Model Bilateral Investment Treaty

A template agreement between two countries that sets out the terms and conditions for investment by nationals or companies of one country in the other. The 2015 Indian model treaty has faced criticism for its strictness.

Foreign Direct Investment (FDI)

An investment made by a firm or individual in one country into business interests located in another country. It involves establishing or acquiring control of a business in a foreign country.

NITI Aayog

National Institution for Transforming India. It is a policy think tank and apex public body of the Government of India for facilitating innovation and entrepreneurship in the country. It replaced the Planning Commission.

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