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How are disputes between states resolved under GST?

10-Apr-2025
GST

Answer By law4u team

1. Nature of Disputes: - Disputes may arise between states over the place of supply, apportionment of revenue, or sharing of GST collected. - Conflicts can also occur between the central government and state governments over interpretation of GST laws. 2. Resolution Mechanism Under GST Act: - The GST Council is the primary body responsible for resolving disputes related to GST. - It includes representatives from the central government and all state governments. 3. Dispute Resolution Committee (DRC): - Established under the GST Act to specifically handle disputes between states. - The committee aims to resolve issues amicably before they escalate to litigation. 4. Adjudication by GST Council: - The GST Council may constitute a mechanism or framework for resolving inter-state disputes. - It tries to achieve consensus through discussions and recommendations. 5. Judicial Intervention: - If the GST Council fails to resolve the dispute, states can approach the Supreme Court under Article 131 of the Indian Constitution. - The Supreme Court has original jurisdiction over disputes between states or between the Centre and states. 6. Examples of Disputes: - Disagreement over place of supply concerning goods and services provided across state borders. - Issues related to Integrated GST (IGST) distribution between states.

Answer By Anik

Dear Client, Disputes between States under the GST regime are resolved through mechanisms established under the Goods and Services Tax Council and constitutional provisions. Relevant Legal Provisions: Article 279A of the Constitution establishes the GST Council, which consists of the Union Finance Minister (Chairperson), State Finance Ministers, and other nominated members. The GST Council is the primary body for resolving disputes relating to GST implementation and interpretation between the Union and States or between States. Dispute Resolution Mechanism: Section 11 of the IGST Act, 2017 provides that if any dispute arises with respect to the place of supply, the matter can be referred to the GST Council. While no formal tribunal exists solely for inter-State GST disputes, the GST Council has powers to recommend solutions or form committees for adjudication. Judicial Review: In cases where GST Council mechanisms are insufficient, parties may approach the Supreme Court under Article 131 for resolving inter-State disputes (e.g., Karnataka v. Kerala on tax sharing). I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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