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Legislative Framework

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..... of the alcoholic liquor for human consumption. [ Article 366 (12A) ] Goods includes all materials, commodities and articles. [ Article 366 (12) ] Service means anything other than goods. [ Article 366 (26A) ] State with reference to articles 246A, 268, 269, 269A and article 279A includes a Union territory with Legislature. [ Article 366 (26B) ]. It is important to point out that the word used is 'supply' and not 'sale', in the definition of Goods and Service Tax. Thus, stock transfers, branch transfers will also get covered under GST net. Also, GST will be payable on free supplies made to related persons. Power to make laws with respect to goods and services tax [ Art .....

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..... ned between the Union and the States in the manner as may be provided by Parliament by law on the recommendations of the Goods and Services Tax Council. [ Article 269A(1) ] Collection of GST is not part of Consolidated Fund of India - Article 269A The amount apportioned to a State under article 269A(1) shall not form part of the Consolidated Fund of India . [Article 269A(2)] Where an amount collected as tax levied on supply of goods or services in course of inter-state trade or commerce, import into the territory of India and 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. In other words , Where an amount coll .....

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..... amely: The Union Finance Minister is the Chairperson of GST Council; The Union Minister of State in charge of Revenue or Finance are the Members of GST Council; The Minister in charge of Finance or Taxation or any other Minister nominated by each State Government are the Members of GST Council. [ Article 279A(2)] The GST Council shall make recommendations to the Union and the States on- [ Article 279A(4)] The taxes, cesses and surcharges levied by the Union, the States and the local bodies which may be subsumed in the goods and services tax; The goods and services that may be subjected to, or exempted from the goods and services tax; Model GST Laws, principles of levy, apportionme .....

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..... te of the Central Government shall have a weightage of one-third of the total votes cast, and (b) the votes of all the State Governments taken together shall have a weightage of two-thirds of the total votes cast, in that meeting. Restrictions as to imposition of tax on the sale or purchase of goods [ Article 286 ] No law of a State shall impose, or authorise the imposition of, a tax on the supply of goods or of services or both, where such supply takes place - (a) outside the State; or (b) in the course of the import of the goods or services or both into, or export of the goods or services or both out of, the territory of India. [ clause (1) ] Parliament may by law formulate principles fo .....

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