Monday, March 16, 2015

service tax not levied in the state of J&K,. Is this exemption in devolution for J&K only in reference to service tax or on all other items included in the state's share in central taxes ?



Red Topic :14th Finance Commission Red Regarding the increase in state's share in central taxes from 32% to 42%, FC- XIV states; "As service tax is not levied in the state of J&K, proceeds cannot be assigned to this state". Is this exemption in devolution for J&K only in reference to service tax or on all other items included in the state's share in central taxes (over the years, the state has been receiving share of income tax, customs, union exercise duties etc. from the centre.)

Yes. You are right.. This is an exception only..
So sir, there will b no devolution in case of service tax. But in case of other items in states shares in central taxes the devolution will be 42%?
Yes, its main function is to distribute the net proceeds of taxes to be divided as per states' contribution to the taxes.. And grants in aid too..

Its questionable. The FC does not the see whether a tax is collected from that tax or not. It merely prescribed a formula for sharing between states n Union. If such logic is extended then most of the poor states where no taxes r collected would receive any aid from the union govt. Presently poorer States r getting more funds itself shows that tax sources has no relevance with devolution

Also sir, if it the exception was only applicable to service tax component of states share (given that j&k does get share in union exercise etc.), then what was the need to mention it separately. Cz if its on the basis of state contribution, for 42% of 0 (fir j&k or any other state for that matter) wil b zero.
Yet, among the grants devolved to states, j&k got the maximum..may be compensatory for not providing portion of the proceedings to that state.. Compensation means in lieu of more tax collected but appropriated by the Union. So the union grants to the States is less than the share of tax collected from their territory. Hence in lieu of the loss, the govt gives extra in the form of Grants in Aid which is outside the devolution suggested by FC

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