BASIC CONCEPTS OF GST (PART- 13) – Constitutional Amendment for GST
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 21-3-2016
What is proposed Constitutional Amendment
A newly inserted article 246A in the Constitution shall provide for special provision with respect to GST. According to the Bill, the following important clauses of the Bill are worth noting:
* Clause 246A
The Legislature of every State shall have power to make laws with respect to goods and services tax imposed by the Union or by such State. Parliament will have exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-State trade or commerce.
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79A
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.
Clause 279A
The Goods and Services Tax Council shall make recommendations to the Union and the States on-
* the taxes, cesses and surcharges levied by the Union, the States and the local bodies which may be subsumed in the goods and services tax;
* the goods and services that may be subjected to, or exempted from the goods and services tax;
* 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;
* the t
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cil shall recommend the date on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel. While discharging the functions conferred by this article, the Goods and Services Tax Council shall be guided by the need for a harmonised structure of goods and services tax and for the development of a harmonised national market for goods and services.
* The Goods and Services Tax Council shall determine the procedure in the performance of its functions.
* The Goods and Services Tax Council may decide about the modalities to resolve disputes arising out of its recommendations.
Meaning of Goods / Services / GST
The amendment Bill defines these
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