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BASIC CONCEPTS OF GST (PART- 12) - Constitutional Amendment for GST)

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 15-3-2016 - The Constitution (115th Amendment) Bill, 2011 proposed to give powers to both, the centre and the states to make laws with respect to GST. The Bill was a necessity because, presently, the Union can not impose excise duty beyond the manufacturing stage and states cannot levy a tax on services. It sought to decide on tax rates, exemptions and threshold limits. It will also make recommendations on taxes, cesses and surcha .....

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ll itself is a GST Bill, let it be very clearly understood that this is not a GST Bill. In fact, GST Bill is not in sight at all at this point in time. What has been introduced is only the Constitutional Amendment Bill enabling or empowering the union Government to levy a tax to be called GST which it cannot levy under the present Constitution. The Bill on passage would enable the Central Government and the State Governments to levy GST. This tax (GST) shall be levied concurrently by various sta .....

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tion (One Hundred and Twenty-Second Amendment) Bill, 2014 was introduced in the Lok Sabha on December 19, 2014. The following is the gist of amendments proposed by this Bill: The Bill seeks to amend the Constitution to introduce the goods and services tax (GST). Consequently, the GST subsumes various central indirect taxes including the Central Excise Duty, Additional Excise Duties, Service Tax, Additional Customs Duty (CVD) and Special Additional Duty of Customs (SAD), etc. It also subsumes sta .....

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en the centre and the states in a manner to be provided by Parliament, by law, on the recommendations of the GST Council. GST Council: The President must constitute a Goods and Services Tax Council within sixty days of this Act coming into force. The GST Council aim to develop a harmonized national market of goods and services. GST council examines issues relating to goods, services tax and make recommendations to the Union, and the States on parameters like rates, exemption list and threshold l .....

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ce, and the Minister in charge of Finance or Taxation or any other, nominated by each state government. Functions of the GST Council: These include making recommendations on: taxes, cess and surcharges levied by the centre, states and local bodies which may be subsumed in the GST; goods and services which may be subjected to or exempted from GST; model GST laws, principles of levy, apportionment of IGST and principles that govern the place of supply; the threshold limit of turnover below which g .....

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ervice tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel. Resolution of disputes: The GST Council may decide upon the modalities for the resolution of disputes arising out of its recommendations. Restrictions on imposition of tax: The Constitution imposes certain restrictions on states on the imposition of tax on the sale or purchase of goods. The Bill amends this provision to restrict the imposition of tax on the .....

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