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Recommendations of GST Council not binding on Union & States: SC
Case Law Details
- Case Name
- Union of India Vs Mohit Minerals Pvt. Ltd. (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Union of India Vs Mohit Minerals Pvt. Ltd. (Supreme Court of India)
Supreme Court Held as follows:-
(i) The recommendations of the GST Council are not binding on the Union and States for the following reasons:
(a) The deletion of Article 279B and the inclusion of Article 279(1) by the Constitution Amendment Act 2016 indicates that the Parliament intended for the recommendations of the GST Council to only have a persuasive value, particularly when interpreted along with the objective of the GST regime to foster cooperative federalism and harmony between the constituent units;
(b) Neither does ...
