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National Commission for SCs

Establishment of council Working of the council


 The smooth and efficient administration of this tax Decision taken at its meeting
requires co-operation and coordination between One-half of the total number of members of
Vision and mission of the council the centre and the states. In order to facilitates this the Council is the quorum for conducting a
Council is to be guided by the need for a harmonised consultation, process the amendment provided for meeting.
structure of GST and the development of a harmonised the establishment of GST Council. Every decision of the Council is to be taken
national market for goods and services.  This 279A – empowers the president that by a majority of not less than three-fourths of
The Council has to determine the procedure in the President shall, within sixty days from the the weighted votes of the members present
performance of its functions. commencement of the Constitution (One Hundred
and voting at the meeting.
V: To establish the highest standards of co-operative and First Amendment) Act, 2016, by order,
Principles followed while taking decisions:
federation in the functioning of the Council, which is the constitute a Council to be called the Goods and
Services Tax Council. (Presidential order issued The vote of the central government shall
first constitutional federal body vested with powers to take
on 15 September 2016) have a weightage one-third of the total votes
all major decisions relating to GST
 Council is located at New Delhi. cast in that meeting.
M: Evolving by a process of wider consultation, a GST
 The Union Revenue Secretary3 acts as the ex- The votes of all the state governments
structure, which is information technology driven and user
officio Secretary to the Council. Department of combined shall have weightage of two-thirds
friendly
Revenue, the Ministry of Finance, GOI of the total votes cast in that meeting.
Decision will become invalid if :
any vacancy or defect in the constitution of
Composition of the council the Council; or
Goods and Service
It is the joint forum of the centre and the states consists of any defect in the appointment of a person as
 The Union Finance Minister as the Chairperson Tax Council a member of the Council; or
 The Union Minister of State in-charge of Revenue any procedural irregularity of the Council not
(101st CAA, 2016) affecting the merits of the case
or Finance
 The Minister in-charge of Finance or Taxation or Inserted new Art - 279A
any other Minister nominated by each state
government Functions of the council:
The members of the Council from the states have to choose  The taxes, cesses and surcharges levied by the centre, the
one amongst themselves to be the Vice-Chairperson of the states and the local bodies that would get merged in GST In addition,
Council. They can also decide his term.  goods and services that may be subjected to GST or The Council shall recommend the date on which
The Union Cabinet also decided to include the Chairperson exempted from GST the GST may be levied on petroleum crude, high
of the Central Board of Excise and Customs (CBEC) as a  Model GST Laws, principles of levy, apportionment of speed diesel, motor spirit (petrol), natural gas and
permanent invitee (non-voting) to all proceedings of the GST levied on supplies in the course of inter-state trade aviation turbine fuel.
Council or commerce and the principles that govern the place of Establish mechanism during the disputes between
supply centre and states
 e threshold limit of turnover below which goods and Recommend the compensation to the states for
services may be exempted from GST loss of revenue arising on account of introduction
 rates including floor rates with bands of GST of GST for a period of five years. Based on
 special rate or rates for a specified period to raise recomm parliament determines the compensation.
additional resources during any natural calamity or Acc parliament enacted the law in 2017. (The
disaster Goods and Services Tax (Compensation to States)
Act, 2017)
 Special provision with respect to the states of Arunachal
Pradesh, Assam, Jammu and Kashmir4 , Manipur,
Meghalaya, Mizoram, Nagaland, Sikkim, Tripura,

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