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Article 285 Of Indian Constitution In English
Article 285 – Exemption of property of the Union from State taxation.
(1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State.
(2) Nothing in clause ( 1 ) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.
Article 285 In English
285 Article – Union property exempt from state taxation.
(1) The property of the Union shall, except in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State.
(2) Nothing in clause (1) shall, unless Parliament by law otherwise provide, prevent any authority within a State from levying any tax on any property of the Union, for which such property shall be subject to provision under this Constitution. was or was deemed to be liable immediately before the commencement, so long as that tax shall continue to be levied in that State.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 285 Of Indian Constitution?
Article 285 Debate Summary
The draft Article 264 (Article 285, Constitution of India 1950) was debated on 9 September 1949. It provided that the Union was exempted from all taxes levied within a State, so long as the Union was not liable to pay such taxes on any property. Constitution. However, it empowered the Parliament to make laws to the contrary. A member introduced an amendment by which the property of the Union shall be liable to all taxes levied as to any property of any person by any local authority within the State. He argued that the local authorities serve the properties and, therefore, should not be exempted from taxes. Some other members were in support of this amendment.
The chairman of the drafting committee replied to the proposed amendment and said that any property of a person whose interests are not represented in a particular organisation, should not be taxed by that organisation. He also argued that a local body derives its tax authority from the state legislature – in such a case the union would never know what tax a local body is authorized to collect, the nature of the tax and its extent. He argued that the intention of the draft article was not to exempt Parliament from being solely responsible for taxes, but to allow Parliament to examine the taxing power of a local authority. The amendment was eventually withdrawn, and the draft article was adopted on 9 September 1949.
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