1. Centre may have to re-notify GST Constitutional Amendment Act; here’s why

Centre may have to re-notify GST Constitutional Amendment Act; here’s why

The government may have to re-notify parts of the Constitutional Amendment Act for Goods and Service Tax (GST) since, the way the current Act reads, the central government now probably only has the powers to levy excise duty on petroleum products and tobacco. On September 16, the government notified 19 sections of the Act.

By: | Updated: September 22, 2016 5:10 PM
According to experts, the centre can also rely on Entry 97 of List 1 to continue to levy excise duties – this reads ‘Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists’ and, initially, service tax was brought in through this entry. According to experts, the centre can also rely on Entry 97 of List 1 to continue to levy excise duties – this reads ‘Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists’ and, initially, service tax was brought in through this entry.

The government may have to re-notify parts of the Constitutional Amendment Act for Goods and Service Tax (GST) since, the way the current Act reads, the central government now probably only has the powers to levy excise duty on petroleum products and tobacco. On September 16, the government notified 19 sections of the Act.

While petroleum products and tobacco were meant to be exempt from GST when it finally came into operation – and therefore subject to excise duty – changing entry 84 of the Union List with effect from September 16, 2016 implies the centre cannot levy excise duty on any other good other than petroleum and tobacco.

While Article 19 of the Constitutional Amendment could offer a way out since it exempts any existing taxes on goods or services ‘in force in any State immediately before the commencement of this Act’ for a period of one year, this seems to apply only to taxes in states and not excise duty – some tax experts, however, argue that this is a matter of interpretation and can be extended to excise duties as well.

According to experts, the centre can also rely on Entry 97 of List 1 to continue to levy excise duties – this reads ‘Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists’ and, initially, service tax was brought in through this entry. The other option is to issue a clarification to say Article 17 of the Constitutional Amendment Act will not be brought into force till the GST comes into force.

  1. M
    Manoj Gupta
    Sep 19, 2016 at 9:12 am
    further the notification issued by excersing powers of section 1 of the Consutional Amendment Act notifies the date of effect of this section, i.e. section 1. Looks clumsy, what comes before, power to issue notification or the notification specifying date of effect of power. It may also be seen that earlier notification issued last week for bringing into force Section 12 of the said Act, for purpose of creation of GST Council, was also issued under Section 1. How come that section is effective from 16th of September and notification under same has been issued before that.
    Reply
    1. M
      Manoj Gupta
      Sep 19, 2016 at 9:20 am
      this new notification has been issued under Section 1 and amasingly notifies date of effect of said section. Looks clumsy - what comes first , notification giving date of effect of power to issue notification or the notification itself. It seems that Section 1 could not have a date of effect to be notified by a notification. Secondly, what about the earlier notification which was issued last week. it was also issued under this section 1, taking powers from there. How come GST council notification was issued, by notifying date of Section 12 when Section 1 itself is being notified now.
      Reply
      1. R
        ravindran pranatharthy
        Sep 19, 2016 at 2:30 pm
        they forget article 265 while talking of serial no 97 of list 1. You have to p a bill for re-enacting central excise law even through the mandate of serial no 97.
        Reply
        1. R
          rohan
          Sep 19, 2016 at 3:57 pm
          Shabby working ?
          Reply
          1. R
            R
            Sep 19, 2016 at 4:48 pm
            Mr Jaitley, this is a very simple but silly mistake! Better get it rectified ASAP!!
            Reply
            1. S
              S.K.Gupta
              Sep 19, 2016 at 5:04 am
              GST, a plethora of a more complex indirect taxation regime though claimed to be the simplistic one. Mind you, there are huge road blocks ahead on its way as various states are not agreeable on its proposed RNR.
              Reply
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