Law4u - Made in India

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.

Revenue Verified Advocates

Get expert legal advice instantly.

Advocate Vimal Kumar Rameshchandra Joshi

Advocate Vimal Kumar Rameshchandra Joshi

Succession Certificate, Property, Revenue, Landlord & Tenant, Family

Get Advice
Advocate Raiyan M Shaikh

Advocate Raiyan M Shaikh

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, NCLT, Property, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Sangada Dinesh

Advocate Sangada Dinesh

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, R.T.I, Recovery, Revenue, Motor Accident, Muslim Law, Arbitration, Property

Get Advice
Advocate Sandip Eknath Virle

Advocate Sandip Eknath Virle

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Muslim Law, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Aditya Jain

Advocate Aditya Jain

Cheque Bounce, Civil, Consumer Court, Criminal, Revenue

Get Advice
Advocate Puneeth Kumara N R

Advocate Puneeth Kumara N R

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate A K Solanki

Advocate A K Solanki

Consumer Court, Court Marriage, Criminal, Divorce, High Court, Labour & Service, Revenue, Motor Accident, Recovery, Cheque Bounce

Get Advice
Advocate Rahul Gautam

Advocate Rahul Gautam

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Labour & Service, International Law, Insurance, Landlord & Tenant, Media and Entertainment, Motor Accident, Medical Negligence, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Startup, Revenue

Get Advice
Advocate Om Shiv Pandey

Advocate Om Shiv Pandey

Anticipatory Bail, Arbitration, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Muslim Law, Revenue

Get Advice
Advocate Nishar Pathan

Advocate Nishar Pathan

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Recovery, Supreme Court, Revenue

Get Advice

Revenue Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.