CEA led Panel recommends RNR at 15-15.5% and eliminating Additional Tax of 1% on inter-state supply of goods

CEA led Panel recommends RNR at 15-15.5% and eliminating Additional Tax of 1% on inter-state supply of goods
By: – Bimal jain
Goods and Services Tax – GST
Dated:- 7-12-2015

Bracing to roll out the new Indirect tax regime – Goods and Services Tax (“GST”) from April 1, 2016, the Central Government on June 17, 2015 announced the setting up of two Committees to suggest tax GST rates and to look into IT preparedness for GST.
The Government has entrusted Chief Economic Advisor, Dr. Arvind Subramanian-head of one of the two panels-with the task of proposing a Revenue Neutral Rate (“RNR”), or a rate at which there will be no revenue loss to States under the proposed GST regime.
Earlier, a rate of 27% recommended by a sub-committee of the State and Central Government officials, based on a report of the National Institute of Public Finance and Policy (“NIPFP”), was considered unacceptable and too high by the Government.
The Committee headed by the Chief Economic Adviser Dr. Ar

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d not one but a few conditional rate structures that depend on policy choices made on exemptions, and the taxation of certain commodities such as precious metals.
The summary of recommended options is provided in the table below:
Summary of Recommended Rate Options (in %)
RNR
Rate on precious metals
“Low” rate (goods)
“Standard” rate (goods and services)
“High/Demerit” rate or Non-GST excise (goods)
Preferred
15
6
12
16.9
40
4
17.3
2
17.7
Alternative
15.5
6
12
18.0
40
4
18.4
2
18.9
*The Committee's recommendations on rates summarized in the table above are all national rates, comprising the sum of Central and State GST rates. How these combined rates are allocated between the Center and States will be determined by the GST Council, which must reflect the revenue requirements of the Centre and States so that revenues are protected.
Following are the summarised highlights of the Executive Summary of the Report submitted by the Committee:
*
On the RNR, the

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on (for example, on gold and precious metals, and area-based exemptions) will be critical. The more the exemptions that are retained, the higher will be the standard rate;
As the table shows, very low rates on precious metals would lead to a high standard rate closer to 20%, distorting the economy and adding to inflationary pressures. On the other hand, moderately higher taxes on precious metals, which would be consistent with the Government's efforts to wean consumers away from gold, could lead to a standard rate closer to 17%.
*
A rationalization of exemptions under the GST will complement a similar effort already announced for corporate taxes, making for a much cleaner overall tax system. The rationalization of exemptions is especially salient for the Center, where exemptions have proliferated. Indeed, revenue neutrality for the Center can only be achieved if the base for the Center is similar to that of the States (which have fewer exemptions-90 products versus 300 for the Cen

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oric opportunity for India to implement a game-changing tax reform. The nation is on the cusp of executing one of the most ambitious and remarkable tax reforms in its independent history. Domestically, it will help improve governance, strengthen tax institutions, facilitate “Make in India by Making One India,” and impart buoyancy to the tax base. It will also set the global standard for a Value Added Tax (VAT) in large federal systems in the years to come.
"The report has been submitted. The department of revenue and finance ministry will go through it and put it into consultation with state governments, through mutual consultation between the state and Centre, through the empowered committee."
Shri. Shaktikanta Das, Economic Affairs Secretary
Our Comments:
We welcome and appreciate the recommendations made by the Committee. The Industry has been keenly looking forward to this report and it is expected that recommendations of a modest rate will clear the way for implement

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Draft on GST

Draft on GST
Query (Issue) Started By: – Jasbir Uppal Dated:- 5-12-2015 Last Reply Date:- 11-9-2016 Goods and Services Tax – GST
Got 8 Replies
GST
Respected Sir/Madam,
Kindly provide us a copy of Draft on GST that has been released on 04th Nov 2015.
Regards
J.S.Uppal
Tax Consultant
Reply By YAGAY AND SUN:
The Reply:
The Model has not been authenticated by the CBEC and has not been uploaded. So be cautious in this regard till the time it is not authenticated by CBEC.
Reply By Ganeshan Kalyani:
The Reply: Yes this is just a draft rule and not uploaded in CBEC. The report is submitted by Empowered Committee of State Finance minister with suggested set of act to be included in GST act.
Reply By MARIAPPAN GOVINDARAJAN:
The Re

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Committee headed by the Chief Economic Adviser Dr. Arvind Subramanian on Possible Tax rates under GST submits its Report to the Finance Minister; On the Revenue Neutral Rate (RNR), the Committee recommends the same in the range between 15 percen

Committee headed by the Chief Economic Adviser Dr. Arvind Subramanian on Possible Tax rates under GST submits its Report to the Finance Minister; On the Revenue Neutral Rate (RNR), the Committee recommends the same in the range between 15 percent and 15.5 percent (Centre and states combined) with a preference for the lower end of that range based on the analysis made in the Report
GST
Dated:- 5-12-2015

Committee headed by the Chief Economic Adviser Dr. Arvind Subramanian on Possible Tax rates under GST submitted its Report to the Finance Minister here today. The Committee in its concluding observations has stated that this is a historic opportunity for India to implement a game-changing tax reform. Domestically, it will help improve governance, strengthen tax institutions, facilitate “Make in India by Making One India,” and impart buoyancy to the tax base. It will also set the global standard for a value-added tax (VAT) in large federal systems in the years to come.
Foll

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d (current) levels. In practice, there will be a structure of rates, but for the sake of analytical clarity and precision it is appropriate to think of the RNR as a single rate. It is a given single rate that gets converted into a whole rate structure, depending on policy choices about exemptions, what commodities to charge at a lower rate (if at all), and what to charge at a very high rate. The RNR should be distinguished from the “standard” rate defined as that rate in a GST regime which is applied to all goods and services whose taxation is not explicitly specified. Typically, the majority of the base (i.e., majority of goods and services) will be taxed at the standard rate, although this is not always true, and indeed it is not true for the states under the current regime.
Against this background, the Committee drew a few important conclusions.
* Because identifying the exact RNR depends on a number of assumptions and imponderables; because, therefore, this task is as much soft

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and states combined) but with a preference for the lower end of that range based on the analysis in this report.
* On structure, in line with growing international practice and with a view to facilitating compliance and administration, India should strive toward a one-rate structure as the medium-term goal.
* Meanwhile, the Committee recommends a two-rate structure. In order to ensure that the standard rate is kept close to the RNR, the maximum possible tax base should be taxed at the standard rate. The Committee would recommend that lower rates be kept around 12 per cent (Centre plus states) with standard rates varying between 17 and 18 per cent.
* It is now growing international practice to levy sin/demerit rates-in the form of excises outside the scope of the GSTon goods and services that create negative externalities for the economy. As currently envisaged, such demerit rates-other than for alcohol and petroleum (for the states) and tobacco and petroleum (for the Centre)-wil

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, the less effective the GST will be. For example, if precious metals continues to enjoy highly concessional rates, the rest of the economy will have to pay in the form of higher rates on other goods, including essential ones. As the table shows, very low rates on precious metals would lead to a high standard rate closer to 20 percent, distorting the economy and adding to inflationary pressures. On the other hand, moderately higher taxes on precious metals, which would be consistent with the government's efforts to wean consumers away from gold, could lead to a standard rate closer to 17 percent. This example illustrates that the design of the GST cannot afford to cherry pick-for example, keeping a low RNR while not limiting exemptionsbecause that will risk undermining the objectives of the GST.
* The GST also represents a historic opportunity to rationalize the tax system that is complicated in terms of rates and structures and has become an “Exemptions Raj,” rife with opportunities

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ements of the Centre and states so that revenues are protected. For example, a standard rate of 17% would lead to rates at the Centre and states of say 8 percent and 9 percent, respectively. The Committee considers that there are sound reasons not to provide for an administration-complicating “band” of rates, especially given the considerable flexibility and autonomy that states will preserve under the GST (including the ability to tax petroleum, alcohol, and other goods and services).
* Implementing the GST will lead to some uncharted waters, especially in relation to services taxation by the states. Preliminary analysis in this report indicates that there should not be large shifts in the tax base in moving to the GST, implying that overall compensation may not be large. Nevertheless, fair, transparent, and credible compensation will create the conditions for effective implementation by the states and for engendering trust between the Centre and states; The GST also represents a hi

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at an early stage-via low rates and without adding to inflationary pressureswill be critical. In the early stages, if that requires raising other taxes or countenancing a slightly higher deficitthat would be worth considering.
* Finally, the report has presented detailed evidence on effective tax burdens on different commodities which highlights that in some cases they are inconsistent with policy objectives. It would be advisable at an early stage in the future, and taking account of the experience of the GST, to consider bringing fully into the scope of the GST commodities that are proposed to be kept outside, either constitutionally or otherwise. Bringing alcohol and real estate within the scope of the GST would further the government's objectives of improving governance and reducing black money generation without compromising on states' fiscal autonomy. Bringing electricity and petroleum within the scope of the GST could make Indian manufacturing more competitive; and eliminatin

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Transitional provisions.

Transitional provisions.
Clause 20
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Transitional provisions.
20. Notwithstanding anything in this Act, any provision of any law relating to tax on goods or services or on both in force in any State immediately before the commencement of this Act, which is inconsistent with the provisions of the Constitution as amended by this Act shall continue

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Power of President to Remove Difficulties

Power of President to Remove Difficulties
Clause 21
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Power of President to Remove Difficulties
21. (1) If any difficulty arises in giving effect to the provisions of the Constitution as amended by this Act (including any difficulty in relation to the transition from the provisions of the Constitution as they stood immediately before the date of

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MEMORANDUM REGARDING DELEGATED LEGISLATION

MEMORANDUM REGARDING DELEGATED LEGISLATION
MEMO
Bill
STATEMENT OF OBJECTS AND REASONS
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 12 of the Bill seeks to insert a new article 279A relating to the constitution of a
Council to be called the Goods and Services Tax Council. Clause (1) of the proposed new article 279A provides that the President, shall within sixty days from the date o

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STATEMENT OF OBJECTS AND REASONS

STATEMENT OF OBJECTS AND REASONS
Clause STATEMENT
Bill
STATEMENT OF OBJECTS AND REASONS
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
STATEMENT OF OBJECTS AND REASONS
The Constitution is proposed to be amended to introduce the goods and services tax for conferring concurrent taxing powers on the Union as well as the States including Union territory with Legislature to make laws for levying goods and services tax on every transaction of supply of goods or services or both. The goods and services tax shall replace a number of indirect taxes being levied by the Union and the State Governments and is intended to remove cascading effect of taxes and provide for a common national market for goods and services. The proposed Central and State goods and services tax will be levied on all transactions involving supply of goods and services, except those which are kept out of the purview of the goods and services tax.
2. The propose

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ax on inter-State transactions of goods and services;
(e) levy of an additional tax on supply of goods, not exceeding one per cent. In the course of inter-State trade or commerce to be collected by the Government of India for a period of two years, and assigned to the States from where the supply originates;
(f) conferring concurrent power upon Parliament and the State Legislatures to make laws governing goods and services tax;
(g) coverage of all goods and services, except alcoholic liquor for human consumption, for the levy of goods and services tax. In case of petroleum and petroleum products, it has been provided that these goods shall not be subject to the levy of Goods and Services Tax till a date notified on the recommendation of the Goods and Services Tax Council.
(h) compensation to the States for loss of revenue arising on account of implementation of the Goods and Services Tax for a period which may extend to five years;
(i) creation of Goods and Services Tax Council to

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es of the members present and voting" in favour of a proposal in the Goods and Services Tax Council shall be determined as under:-
WT = WC+WS
Where,
WT = WC+WS × SF
Wherein-
WT = Total weighted votes of all members in favour of a proposal.
WC = Weighted vote of the Union = i.e., 33.33% if the Union is in favour of the proposal and be taken as "0" if, Union is not in favour of a proposal.
WS = Weighted votes of the States in favour of a proposal.
SP = Number of States present and voting.
WST = Weighted votes of all States present and voting i.e. i.e., 66.67%
SF = Number of States voting in favour of a proposal.
(j) Clause 20 of the proposed Bill makes transitional provisions to take care of any inconsistency which may arise with respect to any law relating to tax on goods or services or on both in force in any State on the commencement of the provisions of the Constitution as amended by this Act within a period of one year.
3. the Bill seeks to achieve t

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ge of Finance or Taxation or any other Minister nominated by each State Government.
2. The creation of Goods and Services Tax Council will involve expenditure on office expenses, salaries and allowances of the officers and staff. The objective that the introduction of goods and services tax will make the Indian trade and industry more competitive, domestically as well as internationally and contribute significantly to the growth of the economy, such additional expenditure on the Council will not be significant.
3. At this stage, it will be difficult to make an estimate of the expenditure, both recurring and non-recurring on account of the Constitution of the Council.
4. Further, it is provided for compensation to the States for loss of revenue arising on account of implementation of the Goods and Services Tax for such period which may extend to five years. The exact compensation can be worked out only when the provisions of the Bill are implemented.

Statute, statutory provisi

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Compensation to States for loss of revenue on account of introduction of goods and services tax.

Compensation to States for loss of revenue on account of introduction of goods and services tax.
Clause 19
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Compensation to States for loss of revenue on account of introduction of goods and services tax.
19. Parliament may, by law, on the recommendation of the Goods and Services Tax Council, provide for compensation to the States for loss of re

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Arrangement for assignment of additional tax on supply of goods to States for two years or such other period recommended by the Council.

Arrangement for assignment of additional tax on supply of goods to States for two years or such other period recommended by the Council.
Clause 18
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Arrangement for assignment of additional tax on supply of goods to States for two years or such other period recommended by the Council.
18. (1) An additional tax on supply of goods, not exceeding one per cent. in the course of inter-State trade or commerce shall, notwithstanding anything contained in clause (1) of article 269A, be levied and collected by the Government of India for a period of two years or such other period as the Goods and Ser

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Amendment of Seventh Schedule.

Amendment of Seventh Schedule.
Clause 17
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of Seventh Schedule.
17. In the Seventh Schedule to the Constitution,-
(a) in List I – Union List,-
(i) for entry 84, the following entry shall be substituted, namely:-
"84. Duties of excise on the following goods manufactured or produced in India, namely:-
(a) petroleum crude;
(b) high speed diesel;
(c) motor spirit (commonly known as petrol);
(d) natural gas;
(e) aviation turbine fuel; and
(f) tobacco and tobacco products.";
(ii) entries 92 and 92C shall be omitted;
(b) in List II – State List,-
(i) entry 52 shall b

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Amendment of Sixth Schedule

Amendment of Sixth Schedule
Clause 16
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of Sixth Schedule
16. In the Sixth Schedule to the Constitution, in paragraph 8, in sub-paragraph (3),-
(i) in clause (c), the word "and" occurring at the end shall be omitted;
(ii) in clause (d), the word "and" shall be inserted at the end;
(iii) after clause (d), the follo

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Amendment of article 368.

Amendment of article 368.
Clause 15
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 368.
15. In article 368 of the Constitution, in clause (2), in the proviso, in clause (a), for the words and figures “article 162 or article 241”, the words, figures and letter “article 162, article 241 or article 279A” shall be substituted.

Statute, statutory provisions legislatio

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Amendment of article 366

Amendment of article 366
Clause 14
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 366.
14. In article 366 of the Constitution,-
(i) after clause (12), the following clause shall be inserted, namely:-
'(12A) “goods and services tax” means any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption;';
(ii) af

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Amendment of article 286

Amendment of article 286
Clause 13
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 286
13. In article 286 of the Constitution,-
(i) in clause (1),-
(A) for the words "the sale or purchase of goods where such sale or purchase takes place", the words "the supply of goods or of services or both, where such supply takes place" shall be substituted;
(B)

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Insertion of new article 279A- Goods and Services Tax Council.

Insertion of new article 279A- Goods and Services Tax Council.
Clause 12
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Insertion of new article 279A.
12. After article 279 of the Constitution, the following article shall be inserted, namely:-
Goods and Services Tax Council.
''279A. (1)The President shall, within sixty days from the date of commencement of the Constitution (One Hundred and Twenty-second Amendment) Act, 2014, by order, constitute a Council to be called the Goods and Services Tax Council.
(2) The Goods and Services Tax Council shall consist of the following members, namely:-
(a) the Union Finance Minister……….

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ods and services that may be subjected to, or exempted from the goods and services tax;
(c) model Goods and Services Tax Laws, principles of levy, apportionment of Integrated Goods and Services Tax and the principles that govern the place of supply;
(d) the threshold limit of turnover below which goods and services may be exempted from goods and services tax;
(e) the rates including floor rates with bands of goods and services tax;
(f) any special rate or rates for a specified period, to raise additional resources during any natural calamity or disaster;
(g) special provision with respect to the States of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttar

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x Council shall determine the procedure in the performance of its functions.
(9) Every decision of the Goods and Services Tax Council shall be taken at a meeting, by a majority of not less than three-fourths of the weighted votes of the members present and voting, in accordance with the following principles, namely:-
(a) the vote 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.
(10) No act or proceedings of the Goods and Services Tax Council shall be invalid merely by reason of-
(a) any vacancy in, or any defect in, the constitution of the Council; or
(b)

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Amendment of article 271.

Amendment of article 271.
Clause 11
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 271.
11. In article 271 of the Constitution, after the words ''in those articles'', the words, figures and letter ''except the goods and services tax under article 246A,'' shall be inserted.

Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxati

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Amendment of article 270.

Amendment of article 270.
Clause 10
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 270.
10. In article 270 of the Contitution,-
(i) in clause (1), for the words, figures and letter "articles 268, 268A and 269", the words, figures and letter "articles 268, 269 and 269A" shall be substituted;
(ii) after clause (1), the following clause shall be inser

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Insertion of new article 269A- Levy and collection of goods and services tax in course of inter-State trade or commerce.

Insertion of new article 269A- Levy and collection of goods and services tax in course of inter-State trade or commerce.
Clause 9
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Insertion of new article 269A.
9. After article 269 of the Constitution, the following article shall be inserted, namely:-
Levy and collection of goods and services tax in course of inter-State trade or commerce.
'

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Amendment of article 269.

Amendment of article 269.
Clause 8
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 269.
8. In article 269 of the Constitution, in clause (1), after the words "consignment of goods", the words, figures and letter "except as provided in article 269A" shall be inserted.

Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regula

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Omission of article 268A.

Omission of article 268A.
Clause 7
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Omission of

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Amendment of article 268.

Amendment of article 268.
Clause 6
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of

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Amendment of article 250.

Amendment of article 250.
Clause 5
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 250.
5. In article 250 of the Constitution, in clause (1), after the words "with respect to", the words, figures and letter "goods and services tax provided under article 246A or" shall be inserted.

Statute, statutory provisions legislation, law, enactment, Acts,

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Amendment of article 249.

Amendment of article 249.
Clause 4
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 249.
4. In article 249 of the Constitution, in clause (1), after the words "with respect to", the words, figures and letter"goods and services tax provided under article 246A or" shall be inserted.

Statute, statutory provisions legislation, law, enactment, Acts,

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Amendment of article 248.

Amendment of article 248.
Clause 3
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Amendment of article 248.
3. In article 248 of the Constitution, in clause (1), for the word "Parliament", the words, figures and letter "Subject to article 246A, Parliament" shall be substituted.

Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Ta

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Insertion of new article 246A- Special provision with respect to goods and services tax.

Insertion of new article 246A- Special provision with respect to goods and services tax.
Clause 2
Bill
Enabling Goods and Services Tax (GST)
GST – The Constitution (One Hundred And Twenty Second Amendment) Bill, 2014 [As Intorduced]
Insertion of new article 246A.
2. After article 246 of the Constitution, the following article shall be inserted, namely:-
Special provision with respect to goods and services tax.
"246A. (1) Notwithstanding anything contained in articles 24

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