State's power to legislate on GST: Kerala HC dismisses 3,250 petitions

  • | Friday | 11th January, 2019

As Kerala State GST Act came into being as a consequence to the constitutional amendment for GST, the provisions of other state legislations that existed earlier are no more valid, they had contended. Article 246A is the special provision on the Goods and Services Tax. Justice Dama Seshadri Naidu ruled against the contention of the petitioners that the state government lacked the power to add a Repeal and Saving provision (section 174) to Kerala State Goods and Services Act , 2017. KOCHI: The Kerala high court on Friday dismissed a total of 3,250 petitions filed by business houses questioning the power of the state government to levy value-added tax and penalties for alleged tax evasion that occurred in years prior to introduction of Goods and Services Tax (GST). Indeed, concurrency yields to the doctrine of repugnancy, but simultaneous legislative power does not.

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