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Consider the following statements regarding duties levied by the union but collected and appropriated by the states:
1. Such duties are collected by the Government of India and are leviable in any union territory.
2. The proceeds from such duties levied within any state shall not form part of the Consolidated Fund of India.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Power to levy, collect and appropriate a tax: o The Constitution draws a distinction between the power to levy and collect a tax and the power to appropriate the proceeds of the tax so levied and collected. o For example, the income-tax is levied and collected by the Centre but its proceeds are distributed between the Centre and the states. • Taxes Levied by the Centre but Collected and Appropriated by the States (Article 268): o This category includes the following taxes and duties: ? Stamp duties on bills of exchange, cheques, promissory notes, policies of insurance, transfer of shares and others. ? Excise duties on medicinal and toilet preparations containing alcohol and narcotics. o In the case of these duties leviable within any Union territory, they are collected by the Government of India. Hence statement 1 is correct. o In other cases, these duties are collected by the States within which such duties are respectively leviable. o The proceeds of these duties levied within any state do not form a part of the Consolidated Fund of India, but are assigned to that state i.e they become part of Consolidated Fund of respective state government. Hence statement 2 is correct.
By: Parvesh Mehta ProfileResourcesReport error
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