TaxTMI 
TaxTMI 
GST : 10 POINT SERIES ON LEVY
X X X X Extracts X X X X
X X X X Extracts X X X X
....ST : 10 POINT SERIES ON LEVY<br>By: - Puneet Agrawal<br>Goods and Services Tax - GST<br>Dated:- 25-10-2016<br><br>LEVY OF GST * Article 265 of the Constitution of India mandates that no tax shall be levied or collected except by authority of law. Charging section is a must in any taxing statute for the purpose of levy and collection of tax." * Article 246A of the Constitution 101st Amendment A....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ct empowers Parliament and the legislature of every state, to make laws with respect to Goods and Services Tax imposed by the Union or by such State. * Article 269A of the Constitution 101st Amendment Act empowers the Parliament to levy and collect Goods and Services tax on supplies in the course of inter-State trade or Commerce. * It has been specified in Article 246A(2) of the Act, that the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Parliament has exclusive power to make laws with respect to Goods and Services Tax where the supply takes place in the course of inter-state trade or commerce. Thus, State Governments cannot levy tax or make any law for charging tax on the inter-state supplies. * Accordingly, Section 7 of the draft Central Goods and Services Tax Act ("CGST Act")/ State Goods and Services Tax Act ("SGST Act") and....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Section 4 of the draft Integrated Goods and Services Tax Act ("IGST Act") has been framed. * Section 7 is the charging section for imposition of CGST and SGST on intra-State supplies of goods and services. The said section provides that: * CGST/ SGST shall be levied on all intra-State supplies * of goods and services * at the rate specified in schedule * and collected in such manner as....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... may be prescribed. Thus, in case of intra-state supplies of goods and/ or services following taxes would be imposed simultaneously: * CGST by Union Parliament; and * SGST by State Government. Meaning of intra-State supplies of goods and/ or services is explained in Section 3A of the IGST Act. As per the said section, intra-state supply means a supply where location of the supplier and pla....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ce of supply are in the same state. On the other hand Section 4 of the IGST Act is the charging Section for levy of tax (called the Integrated Goods and Services Tax) on all supplies of goods and/ or services, made in the course of Inter-State trade or commerce. Meaning of inter-state supply of goods and/ or services is explained in Section 3 of the IGST Act. As per the said section, inter-sta....
X X X X Extracts X X X X
X X X X Extracts X X X X
....te supply means a supply where location of supplier and the place of supply are in different states.<br> Scholarly articles for knowledge sharing by authors, experts, professionals ....