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Question

Which of the following taxes fall under the State List of the Indian Constitution?

(i) Stamp Duty

(ii) Custom Duty

(iii) Luxury Tax

(iv) Entertainment Tax

Select the answer using the code given below - 

The correct answer is

(i), (iii) and (iv)

Understanding Taxes Under the State List in India

The Constitution of India divides legislative powers, including taxation, between the Union (Central) government and the State governments. This division is primarily outlined in the Seventh Schedule, which contains three lists: the Union List, the State List, and the Concurrent List. Taxes mentioned in the State List are levied and collected by the respective State governments.

Let's examine each tax listed in the question to determine if it falls under the State List:

  • Stamp Duty: Stamp duties are levied on certain documents. The power to levy stamp duty is divided between the Union and the States. However, stamp duties on non-judicial stamps and documents like bonds, promissory notes, bills of lading, etc., fall under the Union List. Stamp duties on other documents, such as those related to the transfer of immovable property, divorce, power of attorney, etc., fall under the State List (Entry 63 of the State List, though Entry 91 of the Union List covers rates of stamp duty on certain documents). The question likely refers to the taxes typically levied by states, which are substantial in revenue generation for states.
  • Custom Duty: Custom duty is a tax imposed on goods imported into or exported from a country. This power is exclusively vested in the Union Government. Custom duty falls under the Union List (Entry 83).
  • Luxury Tax: Luxury tax is typically levied by state governments on certain goods and services considered luxuries, such as those provided in hotels. This tax falls under the State List (Entry 62).
  • Entertainment Tax: Entertainment tax is levied by state governments on transactions involving entertainment, such as movie tickets, entry to amusement parks, etc. This tax also falls under the State List (Entry 62).

Based on this analysis, Custom Duty falls under the Union List, while Stamp Duty (in large part as levied by states), Luxury Tax, and Entertainment Tax fall under the State List.

Therefore, the taxes from the list that fall under the State List are (i) Stamp Duty, (iii) Luxury Tax, and (iv) Entertainment Tax.

Taxation Powers: Union List vs. State List
Tax Constitutional List
Stamp Duty Primarily State List (depending on the document), partly Union List
Custom Duty Union List
Luxury Tax State List
Entertainment Tax State List

Reviewing the options provided:

  1. (iii) and (iv): This includes Luxury Tax and Entertainment Tax but omits Stamp Duty.
  2. (i), (ii) and (iii): This includes Stamp Duty, Custom Duty, and Luxury Tax. Custom Duty is not in the State List.
  3. (i) and (iv): This includes Stamp Duty and Entertainment Tax but omits Luxury Tax.
  4. (i), (iii) and (iv): This includes Stamp Duty, Luxury Tax, and Entertainment Tax. This combination aligns with our analysis of taxes falling under the State List.

Thus, the correct combination of taxes under the State List from the given options is (i), (iii), and (iv).

Revision Table: Key Tax Categories by List

Major Taxes and their Constitutional Lists
Constitutional List Examples of Taxes (Pre-GST & Post-GST Context)
Union List Corporation Tax, Customs Duty, Excise Duty (on certain products like petroleum), Income Tax (excluding agricultural income), Service Tax (pre-GST), GST (Central part - CGST, IGST)
State List Land Revenue, Stamp Duty (on non-Union subjects), State Excise Duty (on alcoholic liquors, opium), Taxes on Agricultural Income, Taxes on Lands and Buildings, Taxes on Vehicles, Luxury Tax (pre-GST), Entertainment Tax (pre-GST), Taxes on Entry of Goods into Local Areas (Octroi - pre-GST), GST (State part - SGST)
Concurrent List Not typically used for major taxation powers; GST framework established concurrent power for goods and services tax.

Additional Information: Tax Powers in the Indian Constitution

The distribution of taxation powers is a crucial aspect of federalism in India. The Seventh Schedule clearly demarcates the subjects on which the Union and the States can levy taxes. This prevents overlaps and conflicts in taxation authority.

  • Union List (List I): Contains subjects on which Parliament has exclusive power to make laws, including taxes. These are usually taxes with an inter-state base or those considered important for national revenue like customs, corporate tax, income tax (excluding agricultural income).
  • State List (List II): Contains subjects on which the State Legislature has exclusive power to make laws, including taxes. These are usually taxes with a local base or those directly related to state responsibilities like land revenue, taxes on vehicles, state excise duties.
  • Concurrent List (List III): Contains subjects on which both the Union and State governments can make laws. However, the power to levy taxes is generally kept separate, being assigned exclusively to either the Union or the State List, except for the special case of GST under the amended Constitution.

Understanding these lists is essential for comprehending the financial relationship between the central and state governments in India.

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Important Questions from Constitution of India

  1. As of January 2019, what is the number of articles in the Indian constitution?

  2. What recent action did the Supreme Court of India take regarding Article 224A?

  3. The original Constitution of India was handwritten by _______.

  4. Who among the following personalities was appointed as the legal advisor of the Constituent Assembly that drafted the document of the Constitution?

  5. Article _______ of the Constitution of India deals with freedom to manage religious affairs.

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