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Governmental authority definition

agrawal bhuvnesh (3 Points)

03 January 2024

please provide section in which definition of governmental authority is given

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Amit Kumar (Tax Professional ) (112 Points)
Replied 03 January 2024

Government authority is not defined in GST Act. government authority is defined in the notification of no 11/2017 central tax (rate). in case of any doubt, Apex Court decision in CIVIL APPEAL NO. 3992/202 may be referred.

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Suresh Kumar (Account) (403 Points)
Replied 03 January 2024

As per section 2(53) of the CGST Act, 2017, ‘Government’ means the Central Government. As per clause (23) of section 3 of the General Clauses Act, 1897 the ‘Government’ includes both the Central Government and any State Government. As per clause (8) of section 3 of the said Act, the ‘Central Government’, in relation to anything done or to be done after the commencement of the Constitution, means the President. As per Article 53 of the Constitution, the executive power of the Union shall be vested in the President and shall be exercised by him either directly or indirectly through officers subordinate to him in accordance with the Constitution. Further, in terms of Article 77 of the Constitution, all executive actions of the Government of India shall be expressed to be taken in the name of the President. Therefore, the Central Government means the President and the officers subordinate to him while exercising the executive powers of the Union vested in the President and in the name of the President. Similarly, as per clause (60) of section 3 of the General Clauses Act,1897, the ‘State Government’, as respects anything done after the commencement of the Constitution, shall be in a State the Governor, and in an Union Territory the Central Government. As per Article 154 of the Constitution, the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or indirectly through officers subordinate to him in accordance with the Constitution. Further, as per article 166 of the Constitution, all executive actions of the Government of State shall be expressed to be taken in the name of Governor. Therefore, State Government means the Governor or the officers subordinate to him who exercise the executive powers of the State vested in the Governor and in the name of the Governor.

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 03 January 2024

Please read the definition through the link...

https://www.ey.com/en_in/alerts-hub/2023/10/supreme-court-interprets-the-definition-of-governmental-authority-under-service-tax