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Consider the following statements:
- 101st Constitutional Amendment Act imposed concurrent power of taxation on the Centre and the states.
- Goods and Services Tax council was created by an order of the President.
- An amendment to the Goods and Services Tax Council requires a Constitutional amendment under Article 368.
Select the correct answer using the codes given below:
- a)1 and 3 only
- b)2 and 3 only
- c)1, 2 and 3
- d)None of the above
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements: 101st Constitutional Amendment Act ...
Explanation:
Statement 1: The 101st Constitutional Amendment Act did not impose concurrent power of taxation on the Centre and the states. It introduced the Goods and Services Tax (GST) in India, which replaced the existing system of multiple indirect taxes levied by the Centre and the states. Under the GST system, both the Centre and the states have the power to levy and collect taxes on the supply of goods and services. This means that both the Centre and the states have concurrent power of taxation under the GST regime. Therefore, statement 1 is correct.
Statement 2: The Goods and Services Tax Council was not created by an order of the President. It was created by the 101st Constitutional Amendment Act, which was passed by both houses of Parliament and received the assent of the President. The GST Council is a constitutional body that consists of the Union Finance Minister (as the Chairperson), the Union Minister of State in charge of Revenue or Finance, and the Finance Ministers of all the states and Union territories with legislatures. The GST Council is responsible for making recommendations on important issues such as GST rates, exemptions, and threshold limits. Therefore, statement 2 is incorrect.
Statement 3: An amendment to the Goods and Services Tax Council does not require a Constitutional amendment under Article 368. The GST Council is a statutory body created by the 101st Constitutional Amendment Act. As a statutory body, any amendments to its composition or functioning can be made through a simple majority in both houses of Parliament. Therefore, statement 3 is incorrect.
Conclusion: Both statements 1 and 2 are correct, while statement 3 is incorrect. Therefore, the correct answer is option C, i.e., 1, 2, and 3.
Statement 1: The 101st Constitutional Amendment Act did not impose concurrent power of taxation on the Centre and the states. It introduced the Goods and Services Tax (GST) in India, which replaced the existing system of multiple indirect taxes levied by the Centre and the states. Under the GST system, both the Centre and the states have the power to levy and collect taxes on the supply of goods and services. This means that both the Centre and the states have concurrent power of taxation under the GST regime. Therefore, statement 1 is correct.
Statement 2: The Goods and Services Tax Council was not created by an order of the President. It was created by the 101st Constitutional Amendment Act, which was passed by both houses of Parliament and received the assent of the President. The GST Council is a constitutional body that consists of the Union Finance Minister (as the Chairperson), the Union Minister of State in charge of Revenue or Finance, and the Finance Ministers of all the states and Union territories with legislatures. The GST Council is responsible for making recommendations on important issues such as GST rates, exemptions, and threshold limits. Therefore, statement 2 is incorrect.
Statement 3: An amendment to the Goods and Services Tax Council does not require a Constitutional amendment under Article 368. The GST Council is a statutory body created by the 101st Constitutional Amendment Act. As a statutory body, any amendments to its composition or functioning can be made through a simple majority in both houses of Parliament. Therefore, statement 3 is incorrect.
Conclusion: Both statements 1 and 2 are correct, while statement 3 is incorrect. Therefore, the correct answer is option C, i.e., 1, 2, and 3.
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Community Answer
Consider the following statements: 101st Constitutional Amendment Act ...
- Statement 1 is correct: 101st Constitutional Amendment Act deals with the concurrent power of taxation by the Centre and the states. Both Parliament and State legislatures have concurrent powers of taxation in matters related to Goods and Services tax.
- Statement 2 is correct: 101st Constitutional Amendment Act, 2016 inserted Article 279¬A in the Constitution. Article 279A empowers the President to create a Goods and Services Tax Council or the GST Council with the powers to make decisions in matters related to GST.
- Statement 3 is correct: An Amendment to the provisions relating to GST council requires constitutional amendment under Article 368 of the Constitution. It requires a special majority in the Parliament and ratification by half of the state legislatures by simple majority.
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Consider the following statements: 101st Constitutional Amendment Act imposed concurrent power of taxation on the Centre and the states. Goods and Services Tax council was created by an order of the President. An amendment to the Goods and Services Tax Council requires a Constitutional amendment under Article 368.Select the correct answer using the codes given below:a)1 and 3 onlyb)2 and 3 onlyc)1, 2 and 3d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?
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