Overview
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Article 276 of Indian Constitution allows state legislatures to levy taxes on professions, trades, callings, and employment, even if overlapping with income tax. It caps the annual tax per individual at Rs. 2,500 and clarifies that this power doesn't limit Parliament's ability to impose income taxes on the same sources. Both state and central governments can tax income separately, ensuring balanced revenue generation while respecting legislative jurisdictions within the Indian Constitution's framework. Explore other important Constitutional Articles.
Overview |
|
Name of the Article |
Article 276 of Indian Constitution- Taxes on professions, trades, callings and employments |
Part of the Constitutional Article |
Part XII |
Taxes on professions, trades, callings and employments
Note: "The information on Article 276 of Indian Constitution provided above is referred from the official website of the Indian Code and is for reference only. Original laws and orders remain untouched.
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Article 276 of Indian Constitution deals with the states to tax professions, trades, and employment capped at 2500 rupees annually, ensuring federal balance. With hereby explained the Article 276 in points:
Article 276 of Indian Constitution Significance
Article 276 of Indian Constitution under Part XII highlights the state independence by allowing taxation on professions, fostering revenue generation while maintaining federal harmony and fairness in significant points:
The following are the Landmark Judgements on Article 276 of Indian Constitution that clarify tax limits, state powers, and federal balance, ensuring constitutional compliance and fairness. The cases are:
In Ballabhadas Mathurdas Lakhani v. Municipal Committee, Malkapur (1970), Supreme Court held that taxes exceeding the 2500 rupees limit under Article 276 of Indian Constitution were unconstitutional. Judgment of this case reinforced the constitutional cap on professional taxes that ensures fairness and compliance with legislative provisions. It clarified the scope of taxation powers that empower states for maintaining harmony between state and Union jurisdiction.
In Karnataka Bank Ltd. v. State of Andhra Pradesh (2008), the Supreme Court validated taxing each branch of a company as a distinct "person" under the Andhra Pradesh Tax on Professions Act. It concluded this definition complied with Article 276 of Indian Constitution Clause (2), since the tax per branch did not exceed Rs.2,500 annually. The judgment upheld the state's authority to levy professional taxes, ensuring adherence to constitutional limits while clarifying taxation powers.
The Supreme Court held that the authorities mentioned in Article 276 of Indian Constitution could independently lie professional taxes up to 250 rupees annually. Article 276 claims that the aggregate limit is applied distinguished to states and local authorities that ensure compliance between state and local taxation powers, and it also promotes fairness and compliance with legislative limits within India's taxation framework.
Article 276 of Indian Constitution ensures financial autonomy for states by allowing them to levy taxes on professions, trades, callings, and employments, capped at Rs. 2,500 per individual annually. It facilitates balanced taxation, allowing state-level taxes to coexist with Union income tax without legislative conflict. Additionally, it empowers both state and central governments to generate revenue independently, supporting development and public welfare. This provision underscores fairness and harmony in India's federal structure, promoting equitable resource distribution and adherence to constitutional limits.
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