THE CONSTITUTION OF INDIA
The powers to levy and collect the taxes emerge from
the Constitution of India.
Article- 265:- No tax shall be levied or collected except by
authority of law.
ARTICLE 245
EXTENT OF LAWS MADE BY PARLIAMENT AND BY THE
LEGISLATURES OF STATES
Subject to the provisions of this Constitution, Parliament may make laws for the whole or
any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the
State.
ARTICLE 246
SUBJECT-MATTER OF LAWS MADE BY PARLIAMENT AND BY THE
LEGISLATURES OF STATES
(1) Parliament has
exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this
Constitution referred to as the "Union
List").
(2) Parliament and the
Legislature of any State also, have power to make laws with respect to any of
the matters enumerated in List III in
the Seventh Schedule (in this Constitution referred to as the "Concurrent List").
(3) The Legislature of any
State has exclusive power to make laws for such State or any part thereof with
respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to
as the "State List").
GIST
Seventh Schedule
(Article 246)
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Seventh
Schedule (Article 246)
(I)
List I – Union List: the CG has exclusive powers to make laws in respect
of matters listed here.
à Entry number 82: Taxes on
income other than agricultural
income.
à Entry number 83: Duties of customs including export duties.
à Entry number 84: Duties of excise on tobacco and other goods
manufactured or produced in India except-
·
Alcoholic liquors for human consumption;
·
Opium, Indian hemp and other narcotic drugs and
narcotics,
But including medicinal and toilet preparations
containing alcohol or any substance included in sub- paragraph (b) of this
entry.
à Entry number 86: Taxes on capital value of the assets, exclusive
of agricultural land, of individuals and companies; taxes on the capital of
the companies.
à Entry number 92A: Taxes on
the sale or purchase of goods
other than newspapers, where such sale or purchase takes place in the course
of inter-state trade or commerce.
à Entry number 92C: Taxes on services. [This entry has not yet
made effective although amendment passed by the Parliament.]
à Entry number 97: Any other
matter not enumerated in List II or List III including any tax not mentioned
in either of those Lists.
(II) List II-
State List: The SG has
exclusive powers to make laws in respect of the matters listed here.
à Entry number 54: Taxes on
the sale or purchase of goods
other newspapers, subject to the provisions of entry 92A of List I.
(III) List III-
Concurrent List: The authority to
make laws in respect of matters listed in the said list is given to both the
CG and SG.
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Thus, taxes levied and collected by the Central Government are as
follows:-
- Central Excise
- Service Tax
- Custom Duty
- Income Tax
Taxes levied and collected by the State Government are as follows:-
- Sales Tax (VAT)
- Luxury Tax
- Entertainment Tax, etc
source:http://indirecttaxprofessionals.com/
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