The government is on a war footing to push the passage of the Goods and Services Tax (GST) in this Parliament session. To mitigate the loss of revenue for the states on account of introduction of GST, for the first five years, a compensation cess was brought in under section 18 of the 101st Constitution Amendment Act. Article 268A of the Constitution, as inserted by section 2 of the Constitution (Eighty-eighth Amendment) Act, 2003 shall be omitted. Compensation Cess Amendment Act, 2018 The Amendment Acts have been published in the Official Gazette. 02/2019-Central Tax ,dt. Changes in CGST Act 2017 w.e.f 01.02.2019. Find out a detailed analysis of the 101 Constitutional amendment act for GST from the presentation. This alert covers the key changes notified in the GST law. 279A- The article provides for constitution of GST Council where-The President, by order, is bound to constitute a GST Council within 60 days from the date of commencement of this amendment act… Amendment of entries that flow from the annexure of the main GST return shall be permissible only with the amendment … Give it a read and we would love to know your feedback! The computation of … They further argued that Constitution Amendment Act was a repealing act as far as VAT laws were concerned. Amendment of Article 271 (Surcharge on taxes by union):- The Parliament has the exclusive right to charge the surcharge on any tax and such surcharge will form the part of consolidated fund. Sec 8: Amendment of article 269. The introduction of GST regime (The Constitution (One Hundred and First Amendment) Act, 2016) in India is considered as a major step in revamping the tax structure.From the general perspective of law itself, the introduction of GST was a major effort. 8. The GST is a Value Added Tax (VAT) and is proposed to be a comprehensive indirect tax levied on manufacture, sale and consumption of goods as well as services … Here’s how GST differs from the current regimes, how it will work, and what will happen if Parliament clears the Bill. Consequent upon this, the Hon’ble President of India accorded assent on 8th September, 2016, and the same was notified as the Constitution (One Hundred and First Amendment) Act, 2016. The government has notified several changes in the GST law and has also put into effect several amendments brought in vide the Finance Act, 2020. The One Hundred and First Amendment Bill, commonly known as GST Amendment Bill – GST Constitutional Act in India, is a draft that was officially passed by the Government of India on August 8, 2016 to propose a unified indirect tax system in the country.. The provision had never been implemented by the Government. The Finance bill 2021 has proposed some changes in section 16 and the same is produced in this article. The GST bill got affirmation from President on 29th August 2018 and GST amendment Act is effective with effect From 1st February 2019. (2) Save as otherwise provided, the provisions of this Act shall come into … 16 of the IGST Act deals with zero rated supplies under GST. As per section 44(1) of CGST Act, 2017, every registered person shall furnish through online mode an annual return for every financial year in prescribed forms on or before 31st day of December following the end of such financial year.. With the approval from the GST council in the meeting held on January 10 2019, the changes made by the CGST (Amendment) Act, 2018, IGST (Amendment) Act, 2018, UTGST (Amendment) Act, 2018, and GST Amendment Act (Compensation to States), 2018 along with the corresponding changes in SGST Acts will be applicable from 1sr … 5 GST Law from a Constitutional Perspective (2/2) Bill passed by Rajya Sabha on 03.08.2016 & Lok Sabha on 08.08.2016 Notified as Constitution (101st Amendment ) Act, 2016 on 08.09.2016 Key Features: Concurrent jurisdiction for levy & collection of GST by the Centre & the States – Article 246A Centre to levy & collect IGST on supplies in the course of inter-State trade or In article 269 of the Constitution, in clause (1), after the words "consignment of goods", the words, figures and letter "except as provided in article … Key changes brought in Goods and Service Tax Rules, 2017 through Notification No. Effective Date for Amendment in GST Act(s) 2018 will be 01.02.2019. Following are the Changes in the Relevant Section of CGST Act 2017 by Central Goods and Services Tax (Amendment) Act 2018. The impact is furthered by the changes that have been incorporated in the Constitution of India. Under The GST (Compensation to States) Act, 2017, states are guaranteed compensation for loss of revenue on account of implementation of GST for a transition period of five years (2017-22). (1) This Act may be called the Central Goods and Services Tax (Amendment)Act, 2018. Accordingly, it means any tax on supply of goods, or services or both except taxes on supply of the alcoholic liquor for human consumption. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. The GST Provisions came in to effect from 1-7-2017. On 8th September 2016, 122nd Constitutional Amendment Bill 2014 has received the assent of our Hon'ble President, thus now the bill has become One Hundred and First Amendment Act, 2016. At the present Sec. The general principles of savings under Section 6 General Clauses Act and Article 367 of the Constitution will not apply, as the amendment act itself provides for a transitional provision in the form of Section 19, they contended. In the 32 nd GST Council meeting held on 10 th January 2019, certain recommendations were made by the council and such recommendations were approved by making the amendments in GST. As per Article 279A (1) of the amended Constitution, the GST Council has to be constituted by the President within 60 days of the commencement of Article 279A. Critical Amendment Proposed in Zero Rated Supplies under IGST Act CMA Ramesh Krishnan 05 February 2021 at 09:55 . notification of GST amendment Act 2018. CGST Amendment Act, 2018 2.) The following matters were dealt with as a result of these changes: Amendment to Article 270: The amendment provides for distribution of GST levied and collected by the Central Government. The One Hundred and First Amendment of the Constitution of India, officially known as The Constitution (One Hundred and First Amendment) Act, 2016, introduced a national Goods and Service Tax (GST) in India from 1 st April 2017. Constitution (101st Amendment) Act, 2016 In order to suitably implement the GST legislation, this Act resulted in the insertion, deletion and amendment of certain Articles of the Constitution. Section 2(4). These amendments were made applicable from 01 st February 2019 by the CGST (Amendment) Act, 2018, IGST (Amendment) Act, 2018, UTGST (Amendment) Act, 2018 and GST (Compensation to States) Amendment Act… In article 269 of the Constitution, in clause (1), after the words “consignment of goods”, the words, figures and letter” except as provided in article 269A” shall be inserted. IGST Amendment Act, 2018 3.) Amendment in the Scope of Supply; Section 7(1) and 7(3)- Scope of Supply (1) For the purposes of this Act, the expression “supply” includes–– (a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business; Government notifies GST Amendment Acts 2018 : In order to give effect todecisions taken in 28th GST Council meeting Government has taken one more step i.e. 29-01-2019.Click on below links to download Specific GST Amendment Act 2018 in pdf format. The GST Council, in its meeting on June 21, 2019, 2020, recommended interest to be charged on net cash tax liability, with effect from a date to be notified by the government. THE CENTRAL GOODS AND SERVICE TAX (AMENDMENT) ACT, 2018. Definitions of CGST Act 2017 : Adjudicating Authority The Constitution (122nd) Amendment Bill comes up in RS, on the back of a broad political consensus and boosted by the ‘good wishes’ of the Congress, which holds the crucial cards on its passage. And as we look forward to the GST becoming a reality, this article will help you understand the fundamentals that go into shaping the GST Bill: The Constitutional Amendment Act … Continue Reading » For the FIRST time, the Act has been amended. The GST Amendment Act also excluded the reverse charge mechanism under section 9(4). However, revenue of the GST other than an Interstate GST will be distributed between the Union and State according to Clause (2) of Article 270. 10: Amendment to Article 271: The amendment restricts the power of Parliament to impose surcharge on the goods & services on which GST is levied. There will be a facility to file two amendment GST returns for each tax period within the time period specified in section 39(9) of the CGST Act, 2017. 1 THE CENTRAL GOODS AND SERVICES TAX (AMENDMENT) BILL, 2018 A BILL further to amend the Central Goods and Services Tax Act, 2017. The Goods and Service Tax (‘GST’) was implemented in the country with effect from 01.07.2017 by replacing major indirect tax enactments like Value Added Tax Act, Central Excise Act and Chapter V of Finance Act, 1994, etc., by virtue of The Constitution (One Hundred and First Amendment) Act,2016. The GST Constitutional Amendment Act has inserted a definition for ‘Goods and Services Tax’ by way of sub-clause (12A) of Article 366. 50,000 from every unregistered person by a registered person. The President of India has signed 1.) Earlier, RCM would be applicable in case of purchase above Rs. Here are the Top GST amendment Act 2018 updates, which are going to be applicable from tomorrow i.e 01.02.2019. 271- exception has been provided to GST under 246A, meaning thereby no surcharge shall be levied under GST. The Finance (No .2) Act, 2019 amended the CGST Act as recommended by the GST Council, but the amendment was to come in force from a notified date. Article 268A of the Constitution, as inserted by section 2 of the Constitution (Eighty-eighth Amendment) Act, 2003 shall be omitted. The Constitution (One Hundred and First Amendment) Act, 2016, was the law which created the mechanism for levying a nationwide GST. However the provision of article 246A, in case of Petroleum crude, high speed, petrol, natural gas and aviation turbine fuel shall take effect from the date recommended by GST council as constituted under Article 279A. 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