Part XII.-Finance, Property. Contracts and Suits.-Arts.
Provided that if in the financial year immediately preceding the commencement of this Constitution there was in force in the case of any State or any such municipality, board or authority a tax on professions, trades, callings or employments the rate, or the maximum rate, of which exceeded two hundred and fifty rupees per annum, such tax may continue to be levied until provision to the contrary is made by Parliament by law, and any law so made by Parliament may be made either generally or in relation to any specified States, municipalities, boards or authorities.
(3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and emplo-yments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments.
Savings.
277. Any taxes, duties, cesses or fees which immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State,municipality, district or other local area may, notwit-hstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.
278.[Agreement with States in Part B of the First Schedule with regard to certain financial matters.] Rep. by the Constitution (Seventh Amendment) Act, 1956,s. 29 and Sch.
Calculation of
"net proceeds",
etc.
279.(1) In the foregoing provisions of this Chapter, "net proceeds' means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by theCompt-roller and Auditor-General of India, whose certificate shall be final.
(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.
'In its application to the state of Jammu and Kashmir, references to the commencement of the Constitution shall be construed as reference to the commencement of the constitution (Application to Jammu and Kashmir) Order, 1954 i.e. the 14th May,1954.
