From baafa1ed2af318da31518cf78840e3f5c6f5c81e Mon Sep 17 00:00:00 2001 From: Abhay Rana Date: Thu, 23 Apr 2015 13:00:16 +0530 Subject: [PATCH] AMENDMENT_80_09062000 --- PART12.txt | 113 +++++++++++++++++++++++------------------------------ 1 file changed, 49 insertions(+), 64 deletions(-) diff --git a/PART12.txt b/PART12.txt index b9a92e4..97b46a7 100644 --- a/PART12.txt +++ b/PART12.txt @@ -58,78 +58,63 @@ respectively leviable. (2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State. -269.Taxes levied and collected by the Union but assigned to the States +269. Taxes levied and collected by the Union but assigned to the +States.— (1) Taxes on the sale or purchase of goods and taxes on the +consignment of goods shall be levied and collected by the Government of India +but shall be assigned and shall be deemed to have been assigned to the States +on or after the 1st day of April, 1996 in the manner provided in clause (2). +Explanation.—For the purposes of this clause,— +(a) the expression "taxes on the sale or purchase of goods" shall +mean taxes on sale or purchase of goods other than newspapers, where +such sale or purchase takes place in the course of inter-State trade or +commerce; +(b) the expression "taxes on the consignment of goods" shall mean +taxes on the consignment of goods (whether the consignment is to the +person making it or to any other person), where such consignment takes +place in the course of inter-State trade or commerce. -(1) The following duties and taxes shall be levied and collected by the Governme -nt of India but shall be assigned to the States in the manner provided in clause - (2), namely: - -(a) duties in respect of succession to property other than agricultural land; -(b) estate duty in respect of property other than agricultural land; -(c) terminal taxes on goods or passengers carried by railway, sea or air; -(d) taxes on railway fares and freights; -(e) taxes other than stamp duties on transactions in stock-exchanges and futures - markets; -(f) taxes on the sale or purchase of newspapers and on advertisements published -therein; -(g) taxes on the sale or purchase of goods other than newspapers, where such sal -e or purchase takes place in the course of inter-State trade or commerce; -(h) taxes on the consignment of goods (whether the consignment is to the person -making it or to any other person), where such consignment takes place in the cou -rse of inter-State trade or commerce. -(2) The net proceeds in any financial year of any such duty or tax, except in so - far as those proceeds represent proceeds attributable to Union territories, sha -ll not form part of the Consolidated Fund of India, but shall be assigned to the - States within which that duty or tax is leviable in that year, and shall be dis -tributed among those States in accordance with such principles of distribution a -s may be formulated by Parliament by law. -(3) Parliament may by law formulate principles for determining when a sale or pu -rchase of, or consignment of, goods takes place in the course of inter-State tra -de or commerce. - - -270. Taxes levied and collected by the Union and distributed between the Union a -nd the States - -(1) Taxes on income other than agricultural income shall be levied and collected - by the Government of India and distributed between the Union and the States in -the manner provided in clause (2). -(2) Such percentage, as may be prescribed, of the net proceeds in any financial -year of any such tax, except in so far as those proceeds represent proceeds attr -ibutable to Union territories or to taxes payable in respect of Union emoluments -, shall not form part of the Consolidated Fund of India, but shall be assigned t -o the States within which that tax is leviable in that year, and shall be distri -buted among those States in such manner and from such time as may be prescribed. -(3) For the purposes of clause (2), in each financial year such percentage as ma -y be prescribed of so much of the net proceeds of taxes on income as does not re -present the net proceeds of taxes payable in respect of Union emoluments shall b -e deemed to represent proceeds attributable to Union territories. -(4) In this article - -(a) "taxes on income" does not include a corporation tax: -(b) "prescribed" means - -(i) until a Finance Commission has been constituted, prescribed by the President - by order, and -(ii) after a Finance Commission has been constituted, prescribed by the Presiden -t by order after considering the recommendations of the Finance Commission; -(c) "Union emoluments" includes all emoluments and pensions payable out of the C -onsolidated Fund of India in respect of which income-tax is chargeable. + 135 +THE CONSTITUTION OF INDIA +(2) The net proceeds in any financial year of any such tax, except in so +far as those proceeds represent proceeds attributable to Union territories, shal +l +not form part of the Consolidated Fund of India, but shall be assigned to the +States within which that tax is leviable in that year, and shall be distributed +among those States in accordance with such principles of distribution as may be +formulated by Parliament by law. +(3) Parliament may by law formulate principles for determining when a +sale or purchase of, or consignment of, goods takes place in the course of inter +State trade or commerce. +270. Taxes levied and distributed between the Union and the +States.—(1) All taxes and duties referred to in the Union List, except the dut +ies +and taxes referred to in articles 268 and 269, respectively, surcharge on taxes +and duties referred to in article 271 and any cess levied for specific purposes +under any law made by Parliament shall be levied and collected by the +Government of India and shall be distributed between the Union and the States +in the manner provided in clause (2). +(2) Such percentage, as may be prescribed, of the net proceeds of any +such tax or duty in any financial year shall not form part of the Consolidated +Fund of India, but shall be assigned to the States within which that tax or duty +is leviable in that year, and shall be distributed among those States in such +manner and from such time as may be prescribed in the manner provided in +clause (3). +(3) In this article, "prescribed" means, — +(i) until a Finance Commission has been constituted, prescribed by +the President by order, and +(ii) after a Finance Commission has been constituted, prescribed by +the President by order after considering the recommendations of the +Finance Commission. 271. Surcharge on certain duties and taxes for purposes of the Union.—Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India. - - -272. Taxes which are levied and collected by the Union and may be distributed be -tween the Union and the States -Union duties of excise other than such duties of excise on medicinal and toilet -preparations as are mentioned in the Union List shall be levied and collected by - the Government of India, but, if Parliament by law so provides, there shall be -paid out of the Consolidated Fund of India to the States to which the law imposi -ng the duty extends sums equivalent to the whole or any part of the net proceeds - of that duty, and those sums shall be distributed among those States in accorda -nce with such principles of distribution as may be formulated by such law. +272. [Taxes which are levied and collected by the Union and may be +distributed between the Union and the States.]— Omitted. by the Constitution +(Eightieth Amendment) Act, 2000, s. 4. 136