Taxable supplies’ and ‘exempt supplies’ are mutually exclusive. Any supply, which is an exempt supply, is not a taxable supply and conversely any supply, which is a taxable supply, is not an exempt supply. Also an exempt supply cannot be said to be a supply of goods and services or both leviable to tax.
Tax is levied for public purposes and when it is collected, it becomes part of revenue of the State. Benefit of tax cannot be given to the taxpayer. The Constitution Bench of the Honorable Supreme Court of India, in its judgment in the Commissioner, Hindu Religious Endowments, Madras vs. Sri Lakshmindra Thirtha Swamiar of Sri […]
To most of the people directly or indirectly concerned with goods and services tax (hereinafter referred to as the GST) will take the title of this post as a surprise but it is absolutely true that GST Law not provides threshold limit of turnover. Sub-clause (d) of clause (4) of Article 279A of the Constitution, […]
a) Insertion of new article 246A which makes enabling provisions for the Union and States with respect to the GST legislation. It further specifies that Parliament has exclusive power to make laws with respect to GST on inter-State supplies.
Provisions of GST Acts, which provide for levy and collection of tax, provide that tax shall be levied on supply of goods or services or both. In my personal opinion, expression supply of goods or services or both used in Article 366(12A) of the Constitution refers to completed supply of goods or services or both and expression supply of goods or services or both does not include an agreement of supply of goods or services or both.
About the definition of the word ‘tax’, the Constitution Bench of the Honorable Supreme Court of India, in its judgment in The Commissioner, Hindu Religious Endowments, Madras vs. Sri Lakshmindra Thirtha Swamiar of Sri Shirpur Mutt. Judgment dated 16/04/1954, has made following observations: “A neat definition of what “tax” means has been given by Latham […]
