Consider the following statements:

1. The Constitution has empowered the only Union government to levy a tax on interstate supply of goods and services.

2. President is empowered to make provision for distribution of the revenue collection between centre and state on interstate supply of goods and services.

3. 101st Amendment Act of 2016 has conferred exclusive power upon Parliament to make laws for goods and services tax imposed by Union or state.

Which of the statements given above is/are correct?

Solution

Article 246 of the Constitution divided the powers of the Union and the State into 3 lists, i.e. (i) Union List- on which the Centre has the exclusive jurisdiction to make laws (ii) State list-on which states have exclusive jurisdiction to make laws and (iii) Concurrent List – on which both centre and state can make laws and as stated above, the central law prevails over the state in cases of conflict. ● Statement 1 is correct: According to Article 246A, Parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or services, or both takes place in the course of inter-State trade or commerce. ● Statement 2 is incorrect: According to Article 269A, Goods and services tax on supplies in the case of inter-State trade shall be levied and collected by the central government and such tax shall be distributed between the Union and the States in the manner as may be provided by Parliament by law on the recommendations of the Goods and Services Tax Council. ● Statement 3 is incorrect: The 101st Amendment Act has conferred power to Parliament and State Legislatures to make laws for goods and services tax imposed by union or state.