Clause (4) (d) of Article 279A of the Constitution of India (Constitution) provides that the Goods and Services Tax Council shall make recommendations to the Union and the States on “the threshold limit of turnover below which goods and services may be exempted from goods and services tax”. In my personal opinion, the said provision […]
Constitution of India (hereinafter referred to as the Constitution) defines the expression ‘goods and services tax’ as any tax on supply of goods or services or both, except tax on supply of alcoholic liquor for human consumption. The Constitution provides that Legislature of each State can make goods and services tax (hereinafter referred to as […]
My apprehension is that definitions of expressions supply of goods in the course of inter-State trade or commerce provided in sub-section (1) of section 7, and intra-State supply provided in section 8, of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as the IGST Act) are not Constitutionally valid. In my opinion, […]
The recommendation of the Goods and Services Tax Council (GST Council) made to States provides that States shall levy State Goods and Services Tax on ‘intra-State supply’ as defined in section 8 of the Integrated Goods and Services Tax Act, 2017. In my personal opinion, such recommendation is not in conformity of scheme of levy […]
अभिव्यक्ति (expression) “माल या सेवाओं की निर्यात के दौरान सप्लाई” में तीन चीजें महत्वपूर्ण हैं। ये तीन चीजें निम्नप्रकार हैं:– (1) माल या सेवाओं की सप्लाई; (2) माल या सेवाओं का निर्यात; और (3) निर्यात के दौरान सप्लाई। माल या सेवाओं की सप्लाई में माल या सेवाओं का आपूर्तिकर्ता किसी मूल्यवान प्रतिफल के किये किसी […]
In order to pave the way to levy and collection of goods and services tax (hereinafter referred to as the GST), the Constitution (One Hundred and First Amendment) Act, 2016 was enacted. Vide this amendment Act, Article 246A, Article 269A, and Article 279A were newly added in the Constitution of India (hereinafter referred to as […]
In my personal opinion, provisions as recommended by the Goods and Services Tax Council of India (hereinafter referred to as the GST Council) for levy and collection of goods and services tax (hereinafter referred to as the GST) by the States are not in conformity with the relevant provisions of the Constitution of India (hereinafter […]
A close reading of Article 246A of the Constitution of India reveals that the Legislature of each State can make law for imposing goods and services tax on a supply of goods or services or both, except a supply of goods or services or both which takes place in the course of inter-State trade or […]
Goods and services tax (GST) collected, by the Union Government in any State, on any supply of goods or services or both, does not become part of Consolidated Fund of India. Goods and services tax, collected in a State by the Union Government under the law made by the Parliament in exercise of its powers […]
Under VAT or GST system of levy of tax on sale or supply of goods or services, a zero rated supply is understood as a sale or supply of goods or services or both on which tax is not payable and person making zero rated supply is entitled for claiming benefit of input tax credit […]
