Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

AMENDMENT OF CONSTITUTION FOR GOODS AND SERVICES TAX

Goods and Services Tax - GST - By: - Mr. M. GOVINDARAJAN - Dated:- 13-9-2016 Last Replied Date:- 14-9-2016 - The long awaited amendment of Constitution for the purpose of goods and services tax has got the assent of the President on 08.09.2016 and also published in the Official Gazette. It is called as the Constitution (One Hundred and First Amendment) Act,2016 ( Act for short). Effective date The Act has not come into effect immediately on the date of publication in the Official Gazette. Sectio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Article 246A (1) provides that notwithstanding anything contained in articles 246 (Subject matter of laws made by Parliament and by the legislatures of the States) and 254 (Inconsistency between laws made by the Legislatures of State), Parliament, and subject to clause (2), the Legislature of every State, have power to make laws with respect to goods and services tax imposed by the Union or by such State. Article 246A(2) provides that the Parliament has exclusive power to make laws with respect .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

le 248 (1) - Subject to Article 246A, Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. Article 248 (2) - Such power shall include the power of making any imposing a tax not mentioned in either of those Lists. Amendment to Article 249 Article 249 deals with the power of Parliament to legislate with respect to a matter in the State List in the national interest. Section 4 of the Act proposes amendment in Article 249. Aft .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force. Amendment to Article 250 Article 250 deals with the power of Parliament to legislate with respect to any matter in the State List if a Proclamation of emergency is in operation. Section 5 of the Act proposes amendment in Article 250. After amendment Article 250 (1) reads as follows- Article 250(1) - Notwithstanding anything in this Chapter, Pa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ndment Article 268 reads as follows- Article 268 (1) Such stamp duties as are mentioned in the Union List shall be levied by the Government of India but shall be collected- In the case where such duties are leviable within any 226 (Union territory) in other cases, by the States within which such duties are respectively leviable. 268 (2) - The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ment of goods except as provided in Article 269A shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to the States on or after the 1st day of April, 1996 in the manner provided in clause (2). New Article 269A Section 9 of the Act proposes to insert a new Article 269A after Article 269. The newly inserted Article 269A provides for levy and collection of goods and services tax in course of inter-state trade or commerce. Article 2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

be supply of goods, or of services, or both in the course of inter-State trade or commerce. Article 269A(2) provides that the amount apportioned under clause (1) shall not form part of the Consolidated Fund of India. Article 269A(3) provides that where an amount collected as tax levied has been used for payment of the tax levied by a State under Article 246A, such amount shall not form part of the Consolidated Fund of India. Article 269A (4) provides that where an amount collected as tax levied .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ection 10 of the Act proposes amendments in Article 270. After amendment Article 270 (1) reads as follows- Article 270 (1) - All taxes and duties referred to in the Union List, except the duties and taxes referred to in articles 268, 268A and 269, respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by Parliament shall be levied and collected by the Government of India and shall be distributed between the Union and th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ion under clause (1) of article 269A, shall also be distributed between the Union and the States in the manner provided in clause (2). Amendment to Article 271 Article 271 deals with surcharge on certain duties and taxes for the purpose of the Union. Section 11 of the Act proposes amendment in Article 271. After amendment Article 271 reads as follows- Article 271 - Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in thos .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

by order, constitute a Council to be called the Goods and Services Tax Council. Article 279A(2) provides that the GST council shall consist of the following members- Union Finance Minister - Chairperson; The Union Minister of State in charge of Revenue or Finance- Member; The Minister in charge of Finance or Taxation or any other Minister nominated by each State Government - Members. The members shall, as soon as may be, choose one amongst themselves to be the Vice Chairperson of the Council fo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lies in the course of inter-State trade or commerce under Article 269A and the principles that govern the place of supply; the threshold limit of turnover below which goods and services may be exempted from the goods and services tax; the rates including floor rates with bands of goods and services tax; special provisions with respect to the States of Arunachal Pradesh, Assam, J&K, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and any other matter .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

functions. Proceedings of Council Every decision of the Council shall be taken at a meeting by a majority of not less than three fourths of the weighted votes of the members present and voting in accordance with the following principles- the vote of the Central Government shall have a weightage of one third of the total votes cast; and the votes of all the State Governments taken together shall have a weightage of two thirds of the total votes cast in that meeting. 50% of the total number of Mem .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

more States; or between the Government of India and any State or States on one side and one or more other States on the other side; or between two or more States arising out the recommendations of the Council or implementation thereof. Amendment of Article 286 Article 286 deals with the restrictions as to imposition of tax on the sale of purchase of the goods. Section 13 of the Act proposes amendments in Article 286. After amendment Article 286 reads as follows: Article 286 (1) - No law of a Sta .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tion 14 of the Act proposes insertions of some clauses under this Article. Clause (12A) is proposed to be inserted after clause (12). The newly inserted clause (12A) defines the term goods and services tax as any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption. Section 14 proposes to insert clause (26A) and (26B) after clause (26). Clause (26A) defines the term services as anything other than goods. Clause (26B) defines the ter .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f sixth schedule Sixth schedule deals with the provisions as to the administration of Tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram. Para 8 of the schedule schedule deals with deals with the powers of the Regional Councils to assess and collect land revenue and impose taxes. Section 16 of the Act proposes to insert clause (e) after clause (3) (d) . After this para 8(3) reads as follows- (3) The District Council for an autonomous district shall have the power to levy and col .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ion List, State List and Concurrent List. Section 17 of the Act proposes to substitute the following for the existing entry in Union List- 84. Duties of excise on the following goods manufactured or produced in India, namely- Petroleum crude; High speed diesel; Motor spirit (commonly known as petrol); Natural gas; Aviation turbine fuel; and Tobacco and tobacco products. The Act further proposes to omit entries 92 (Taxes on the sale or purchase of newspapers and on advertisements published therei .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

try 62 in the State List- 62. Taxes on entertainments and amusements to the extent levied and collected by a Panchayat or a Municipality or a Regional Council or a District Council. The section proposes to delete the following entries- Entry No. 52 - Taxes on the entry of goods into a local area for consumption, use or sale therein. Entry No. 55 - Taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television. Compensation to Sta .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version