In a landmark move, a nine-Judge-bench of the Supreme Court of India has upheld the constitutionality of entry tax stating protection under Article 301 does not apply to taxes, reports CNBC-TV18.
The bench will hear over 2,000 pleas filed by manufacturers and associations challenging the levy of entry tax by various states.
Gujarat High Court today issued a notice to the state Government on a petition filed by the online retail major Flipkart against the entry tax in the state on the goods bought through the e-commerce portals.
The Supreme Court may vacate its earlier stance of providing relief on the contentious entry tax issue, and may now ask companies to pay full 100 percent of entry tax due.
Menon says a high GST rate would lead to tax evasion and thereby lower compliance
Sachin Menon, COO tax and head of indirect tax, KPMG says India can't have a perfect GST given the demographic situation and the peculiar federal structure. However, this bill will most definitely improve the ease of doing business.
Sources also say that petroleum products are likely to be kept outside the Bill. Also, the Centre may try for a constitutional provision for the GST compensation fund. The entry tax is likely to be subsumed into GST.
States stood firm over their demands - infact, all states except one rejected the Centre's draft bill to amend the constitution.
The State governments want their original demands on Constitutional Bill to be met by the Centre and will communicate their dissent to the FM.
Inclusion of lucrative products such as alcohol and petroleum, mechanism for compensation loss and a decision on the revenue-neutral rate are issues that still need resolution for GST to be rolled out successfully.
The Parliament's Standing Committee on Goods and Services Tax (GST), headed by Yashwant Sinha, sent back its key suggestions to be incorporated in the bill.
Bihar today accused oil companies for increasing the prices of petrol products without consulting the state government on irrecoverable taxes.