Hindustan Times (Jalandhar)

GST Council’s suggestion­s are not binding: SC

- Utkarsh Anand and Rajeev Jayaswal letters@hindustant­imes.com

Parliament intended for the recommenda­tions of the Goods and Services (GST) Tax Council to only have a persuasive value.

SUPREME COURT

NEW DELHI : The recommenda­tions of the Goods and Services Tax (GST) Council are not binding on either the Union government or the states, the Supreme Court ruled on Thursday, rejecting the Centre’s argument that the entire structure of GST would crumble if the Council’s mandates are not treated as enforceabl­e.

A bench, headed by justice Dhananjaya Y Chandrachu­d, held that “Parliament intended for the recommenda­tions of the GST Council to only have a persuasive value, particular­ly when interprete­d along with the objective of the GST regime, to foster cooperativ­e federalism and harmony between the constituen­t units”. The ruling was interprete­d differentl­y by various stakeholde­rs, with the Centre saying it meant no change in how the GST regime functions while some states hailed it for protecting the rights of states.

“This judgment does not in any way lay down anything new in so far as the GST institutio­nal mechanism is concerned, it does not have any bearing on the way GST has been functionin­g in India, nor lays down anything fundamenta­lly different to the existing framework of GST,” a government official aware of the developmen­t said, requesting anonymity.

The official also added that the GST Council’s recommenda­tions are binding on “subordinat­e legislatio­n” which includes such aspects as the actual rates.

But the states saw the ruling differentl­y: the finance ministers of two states, Tamil Nadu and Kerala, hailed the ruling.

Palanivel Thiaga Rajan, the finance minister of Tamil Nadu, said: “The Council is only a recommenda­tory body and cannot supersede the State’s rights and power for enacting the laws with regard to GST.”

And Kerala finance minister KN Balagopal said the ruling would change how the tax regime operates.

“Ever since the GST regime came into being the Centre had been arbitraril­y imposing its decisions on the States, affecting their revenue and forcing them to impose treasury restrictio­ns.”

Does this mean states can refuse to legislate decisions taken by the GST Council? Perhaps not, but the ruling is likely to result in more friction in the GST Council, add another page in the ongoing saga of Centrestat­e squabbling, and likely push the Union finance ministry to seek legal clarificat­ion.

Underlinin­g that Parliament and state legislatur­es possess simultaneo­us power to legislate on GST, the court said that the “recommenda­tions” of the GST Council must be construed as only recommenda­tory in nature.

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