123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Business >> View Article

Gst And Constitution

Profile Picture
By Author: Nagesh Bajaj
Total Articles: 27
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

The GST Model proposed in the First Discussion Paper produced by the Empowered committee of state finance ministers on Nov 10, 2009, will be dual in nature. It will consist of two components: CGST (Central GST) and SGST (State GST) simultaneously levied by centre and state, respectively, on all transactions of goods and services, except those exempted by law. Both states and centre would independently administer and levy tax on the supply of all goods and services.

Currently in the indirect tax structure, the centre is liable to levy tax on manufacture, rendition of services and import of goods. States are empowered to levy and collect tax on the sale of goods. Centre is authorized to tax services and goods up to production stage only. There are different provisions for levy and collection of tax in our constitution. 7th schedule of article 246 of the constitution of India consists three lists, namely the list I (Union list), list II (state list), and list III (the concurrent list). Different matters are enumerated in these three lists. Parliament has got the powers to make laws with respect to any matter specified ...
... in the union list (list I); the legislative of any state has exclusive power to make laws with respect to the matters specified in the state list (list II), while both the parliament and state legislation can pass legislation with respect to items specified in concurrent list (list III).

The relevant entries from all the three lists are as under:

Entry no. 83 (Union list): It states about duties of customs including export duties.

Entry no. 84 (Union list): It states about duties of excise on tobacco and other goods manufactured or produced in India.

Entry no. 92A (Union list): It states about taxes on the sale or purchase of goods other than newspaper, where such sale or purchase takes place in the course of inter-state trade or commerce.

Entry no. 92B (Union list): It states about taxes on consignment of goods where such consignment takes place in the course of inter-state trade or commerce.

Entry no. 92C (Union list): It states about the empowerment of central government to tax services under the Finance Act, 1994.

Entry no. 54 (State list): It states about the empowerment of the state government to charge tax on the sale or purchase of goods other than newspaper except tax on inter-state sale or purchase.

It is obvious that the power to collect revenue is shifted in the favour of centre.

The proposed GST model demands that both centre and state should have an authority to levy tax on goods and services throughout the supply chain. To resolve the present disparity of taxing powers between the centre and states, a constitutional amendment would be required. This amendment will empower the central government to levy tax up to retail stage and the state governments to levy tax on services, respectively. The amendment in the 7th schedule of the constitution would require a special majority of parliament (i.e. 2/3rd majority of the total number of members present and voting, which should not be less than half of the total membership of the house), the ratification of at least half of the state legislatures by special majority and the president assent.

Conclusion:

A joint working group (JWG) has already been constituted on September 30, 2009 comprising of the officials of the central and state governments to prepare, in a time bound manner a draft legislation for constitutional amendment, draft legislation for CSGT, a suitable model legislation for SGST and rules and procedures for CGST and SGST. The empowered committee of state finance ministers is likely to meet Mr. Pranab Mukherjee next month to discuss the future course of action on GST (report of March, 10).

LAWCRUX TEAM

Lawcrux is a body corporate registered under the Companies Act, 1956. It is a team of Chartered Accountant, Company Secretaries, Advocate and Retired Government Officials. For More Information visit: http://www.lawcrux.com or contact us on our email id: nbajaj@lawcrux.com, phone No: +91.1294086390.

 

Import Export Trade| Custom Duty| Excise Duty| Service Tax | GST & {Lawcrux Presents PAYROLL / Manufacturer Excise Softwares}

Total Views: 65Word Count: 716See All articles From Author

Add Comment

Business Articles

1. Tiktok Data Scraper For Public Video Metadata Analysis
Author: Acto96

2. Revenue Cycle Management Outsourcing: How To Prevent Revenue Leakage In Healthcare
Author: e-care India

3. Cloud Portal Solutions For Customer And Vendor Management
Author: emathew

4. Iso 9001 Certification In Ahmedabad
Author: sqccertification

5. Mashkenta Israël : Guide Complet Pour Comprendre Et Obtenir Un Crédit Immobilier En Israël
Author: slamassuraces

6. Uae Retail Data Intelligence: Complete Guide (2026)
Author: Actowiz Solution

7. Wireline Services For Oil And Gas Operations In Red Deer: What You Should Know?
Author: John Martin

8. Reliable Well Servicing Solutions For Alberta Energy Operations
Author: John Martin

9. Luxury Doors: Combining Sophisticated Design With Modern Functionality
Author: Mike Parkar

10. Being Rather Than Having. A Fascinating, Practical Story
Author: world-wide-wealth 2026-11-02

11. Luxury Door: Enhancing Modern Architecture With Style And Elegance
Author: Mike Parkar

12. Chanel Fashion Dataset For Brand Performance Analysis
Author: Acto96

13. Is An Esim Business Worth It? A Practical Look For New Entrepreneurs
Author: Marco Paulo

14. Taupe Carpets: A Timeless Flooring Choice For Modern Homes
Author: luxurifyhome

15. How Bim Companies In Ahmedabad Help Create Accurate As-built Bim Models
Author: VB Terrascan

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: