GOODS AND SERVICES TAX (COMPENSATION TO STATES) ACT, 2017
Section 5: Base year revenue.
(1) Subject to the
provision of sub-sections (2), (3), (4), (5) and (6), the base year revenue for
a State shall be the sum of the revenue collected by the State and the local
bodies during the base year, on account of the taxes levied by the respective
State or Union and net of refunds, with respect to the following taxes, imposed
by the respective State or Union, which are subsumed into goods and services
tax, namely:––
(a) the value added tax, sales tax, purchase tax, tax collected on works
contract, or any other tax levied by the concerned State under the erstwhile
entry 54 of List-II (State List) of the Seventh Schedule to the Constitution;
(b) the central sales tax levied under the Central Sales Tax Act, 1956;
(c) the entry tax, octroi, local body tax or any other tax levied by the
concerned State under the erstwhile entry 52 of List-II (State List) of the
Seventh Schedule to the Constitution;
(d) the taxes on luxuries, including taxes on entertainments, amusements,
betting and gambling or any other tax levied by the concerned State under the
erstwhile entry 62 of List-II (State List) of the Seventh Schedule to the
constitution;
(e) the taxes on advertisement or any other tax levied by the concerned State
under the erstwhile entry 55 of List-II (State List) of the Seventh Schedule to
the Constitution;
(f) the duties of excise on medicinal and toilet preparations levied by the
Union but collected and retained by the concerned State Government under the
erstwhile article 268 of the Constitution;
(g) any cess or surcharge or fee leviable under entry 66 read with entries 52,
54, 55 and 62 of List-II of the Seventh Schedule to the Constitution by the
State Government under any Act notified under sub-section (4), prior to the
commencement of the provisions of the Constitution (One Hundred and First
Amendment) Act, 2016:
Provided that the revenue collected during the base year in a State, net of
refunds, under the following taxes shall not be included in the calculation of
the base year revenue for that State, namely:—
(a) any taxes levied under any Act enacted under the erstwhile entry 54 of
List-II (State List) of the Seventh Schedule to the Constitution, prior to the
coming into force of the provisions of the Constitution (One Hundred and First
Amendment) Act, 2016, on the sale or purchase of petroleum crude, high speed
diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine
fuel and alcoholic liquor for human consumption;
(b) tax levied under the Central Sales Tax Act, 1956, on the sale or purchase of
petroleum crude, high speed diesel, motor spirit (commonly known as petrol),
natural gas, aviation turbine fuel and alcoholic liquor for human consumption;
(c) any cess imposed by the State Government on the sale or purchase of
petroleum crude, high speed diesel, motor spirit (commonly known as petrol),
natural gas, aviation turbine fuel and alcoholic liquor for human consumption;
and
(d) the entertainment tax levied by the State but collected by local bodies,
under any Act enacted under the erstwhile entry 62 of List-II (State List) of
the Seventh Schedule to the Constitution, prior to coming into force of the
provisions of the Constitution (One Hundred and First Amendment) Act, 2016.
(2) In respect of the State of Jammu
and Kashmir, the base year revenue shall include the amount of tax collected on
sale of services by the said State Government during the base year.
(3) In respect of the States mentioned in sub-clause (g) of clause (4) of
article 279A of the Constitution, the amount of revenue foregone on account of
exemptions or remission given by the said State Governments to promote
industrial investment in the State, with respect to such specific taxes referred
to in sub-section (1), shall be included in the total base year revenue of the
State, subject to such conditions as may be prescribed.
(4) The Acts of the Central Government and State Governments under which the
specific taxes are being subsumed into the goods and services tax shall be such
as may be notified.
(5) The base year revenue shall be calculated as per sub-sections (1), (2), (3)
and (4) on the basis of the figures of revenue collected and net of refunds
given in that year, as audited by the Comptroller and Auditor-General of India.
(6) In respect of any State, if any part of revenues mentioned in sub-sections
(1), (2), (3) and (4) are not credited in the Consolidated Fund of the
respective State, the same shall be included in the total base year revenue of
the State, subject to such conditions as may be
prescribed.