banner_ad

GST Law from a Constitutional Perspective

Definition of GST
Article 366(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

'Goods and Services tax' law while having unique principles, has significant elements of prior Central and State laws; and is also inspired by VAT/GST legislation of EU, Australia, Malaysia etc. along with International VAT/GST guidelines of OECD.

Bill passed by Rajya Sabha on 03.08.2016 & Lok Sabha on 08.08.2016

Notified as Constitution (101st Amendment ) Act, 2016 on 08.09.2016

Key Features:

  • Concurrent jurisdiction for levy & collection of GST by the Centre & the States - Article 246A
  • Centre to levy & collect IGST on supplies in the course of inter-State trade or commerce including imports - Article 269A
  • Compensation for loss of revenue to States for five years on recommendation of GSTC - Clause 19
  • GST on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas & aviation turbine fuel to be levied from a later date on recommendations of GSTC

GST Council - Constitution (Article 279A of the Constitution)

  • Chairperson - Union FM
  • Vice Chairperson - to be chosen amongst the Ministers of State Government
  • Members - MOS (Finance) and all Ministers of Finance / Taxation of each State
  • Quorum is 50% of total members
  • Decision by 75% majority
  • States - 2/3 weightage and Centre - 1/3 weightage
  • Council to make recommendations on everything related to GST including laws, rules and rates etc.

To read the full article: Click here


24144 Views 3 Likes Comment   Share GST   Report


Published by


Guest


CCI Pro

Comments


Related Articles


Loading


Popular Articles





CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news

CCI Articles

submit article


Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details