Pinnacle court said that both union and states have power to legislate on GST

19-05-2022

The Supreme Court upheld the judicature order quashing the central notification levying Integrated Goods and Services Tax (IGST) on importers on ocean freight.

The Supreme Court on Thursday held that both Centre in addition as states have the ability to legislate on Goods and Services Tax (GST) matters which all recommendations of the GST Council aren't binding on states but have only a persuasive value.

A bench presided by Justice D Y Chandrachud noted that the topic matter being taxation, both the Centre and states have the facility to create laws on that. The court stressed the necessity for the GST Council to figure harmoniously to attain a workable solution.

The judgment which came on an appeal against a Gujarat state supreme court order also dwelt on aspects of federalism. “Indian federalism”, it said “is a dialogue between cooperative and non-cooperative federalism”, one within which “states and Centre always engage during a dialogue”.

The Supreme Court upheld the court order quashing the central notification levying Integrated Goods and Services Tax (IGST) on importers on ocean freight.