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What are the provisions for managing and administering state revenues and fiscal policy?

01-Nov-2024
Revenue

Answer By law4u team

In India, the management and administration of state revenues and fiscal policy are governed by several constitutional provisions, laws, and guidelines. Here are the key provisions related to this area: Constitutional Framework: Article 265: Prohibits the levy of taxes without authority of law. This ensures that all forms of taxation must be legally sanctioned. Article 246: Defines the distribution of legislative powers between the Centre and the States. States have the power to legislate on subjects enumerated in the State List, which includes taxation and revenue matters. Article 280: Provides for the establishment of a Finance Commission every five years to recommend the distribution of taxes between the Centre and the States and among the States. State Revenues: States generate revenue through various sources, including: Taxes: States levy taxes on goods and services, property, income, and other sources as per the provisions of the State List in the Constitution. Key taxes include sales tax, state excise, stamp duty, and property tax. Non-Tax Revenues: This includes income from state-owned enterprises, fees, fines, and other miscellaneous sources. Fiscal Responsibility and Budget Management Act (FRBM Act), 2003: This Act imposes fiscal responsibility on state governments, requiring them to maintain a sustainable fiscal policy. It mandates the preparation of a fiscal policy statement and adherence to fiscal targets, including limits on fiscal deficit and public debt. State Finance Commissions: The State Finance Commission, constituted under Article 243-I of the Constitution, reviews the financial position of local bodies and recommends measures for improving their financial viability. It also advises on the distribution of taxes between the state and local bodies. Budgeting Process: State governments prepare annual budgets that outline revenue and expenditure estimates. The budget must be presented to the state legislature for approval, ensuring transparency and accountability in fiscal management. Treasury Management: States maintain a treasury system for managing public funds, including revenue collections and expenditure payments. The State Controller of Accounts is responsible for overseeing treasury operations and ensuring proper accounting of state revenues. Public Expenditure Management: States are required to follow guidelines for effective public expenditure management to ensure that funds are allocated and spent efficiently and transparently. This includes monitoring expenditures against budgeted amounts and implementing performance-based budgeting. Central-State Financial Relations: The financial relations between the Centre and states are governed by constitutional provisions and recommendations made by the Finance Commission. This includes the sharing of central taxes with states and the provision of grants-in-aid for specific purposes. State Development Boards: States may establish development boards or similar bodies to oversee the allocation of funds for specific sectors (e.g., agriculture, industry) and ensure that revenue generation is aligned with developmental goals. Audit and Accountability: The Comptroller and Auditor General (CAG) audits state accounts and reports on financial management, ensuring accountability in the administration of state revenues. In summary, the management and administration of state revenues and fiscal policy in India are governed by a combination of constitutional provisions, statutory frameworks, and guidelines. These provisions aim to ensure sustainable fiscal management, transparency in revenue collection, and accountability in public expenditure.

Answer By Anik

Dear Client, A person's tax liability is determined by their residential status under the Income Tax Act of 1961. A resident and ordinarily resident (ROR) is subject to taxes on all of their worldwide income including assets and income from overseas. The 2015 Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act requires that foreign income be declared on the income tax return and that unreported foreign assets be subject to penalties. India has DTAAs with a number of nations to prevent double taxation of the same income both domestically and overseas. Only income earned in India is subject to taxes for non-residents. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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