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Types of Duties - Central Excise Act,1944, Indirect Tax Laws | Indirect Tax Laws - B Com PDF Download

  • Basic Excise Duty (BED): This is the duty charged under section 3 of the Central Excises and Salt Act, 1944 on all excisable goods other than salt which are produced or manufactured in India.  Basic Excise Duty [also known as Central Value Added Tax (CENVAT)] is levied at the rates specified in Central Excise Tariff Act.

  • Special Excise Duty (SED): As per the Section 37 of the Finance Act, 1978 Special excise Duty was attracted on all excisable goods on which there is a levy of Basic excise Duty under the Central Excises and Salt Act,1944. Special Excise Duty is levied at the rates specified in the Second Schedule to Central Excise Tariff Act, 1985.

  • Education Cess on Excise Duty: Section 93 of Finance (No. 2) Act, 2004 states that education Cess is 'duty of excise', to be calculated on aggregate of all duties of excise including special excise duty or any other duty of excise, but excluding education Cess on excisable goods.

  • Excise duty in case of clearances by EOU: The EOU units are expected to export all their production. However, if they clear their final product in DTA (domestic tariff area), the rate of excise duty will be equal to customs duty on like article if imported in India.

  • National Calamity contingent Duty (NCCD): A 'National Calamity Contingent Duty' (NCCD) has been imposed vide section 136 of Finance Act, 2001 [clause 129 of Finance Bill, 2001, w.e.f. 1.3.2001]. This duty is imposed on pan masala, chewing tobacco and cigarettes.

  • Duties under other Acts: Some duties and Cess are levied on manufactured products under other Acts. The administrative machinery of central excise is used to collect those taxes. Provisions of Central Excise Act and Rules have been made applicable for levy and collection of these duties / Cess.

  • Additional Duty on Goods of Special Importance (AED [GSI]): Some goods of special importance are levied Additional Excise under Additional Duties of Excise (Goods of Special Importance) Act, 1957. The 'Additional Duty' is in addition to excise duty. This scheme was introduced based on the suggestion made by the manufacturers to Government, that multiple level taxes and duties should be avoided. Levy and collection of all taxes at one stage by single authority will be convenient for payment and administration. Hence, by agreement between Central and State Governments, it was decided to make a beginning in 1957, by selecting some items where additional duty will be collected instead of sales tax and such additional duty will be distributed among various States. Revenue from this duty is distributed among State Governments on the basis of percentages given in the second schedule to the Act.

  • Some items covered are textile articles like cotton fabrics, silk and wool fabrics, man-made fibers, terry fabrics, metallised yarn, embroidery; sugar, branded tobacco, pan masala containing tobacco and cigarettes.

  • Duty on Medical and Toilet Preparations: Excise duty is imposed on medical preparations under Medical and Toilet Preparations (Excise Duties) Act, 1955.

  • Additional Duty on Mineral Products: Additional duty on mineral products (like motor spirit, kerosene, diesel and furnace oil) is payable under Mineral Products (Additional Duties of Excise and Customs) Act, 1958.

  • Additional Customs Duty commonly known as countervailing Duty (CVD): Countervailing duty (CVD) is imposed on the Imports.

  • Special Additional Duty of Customs (Special CVD): Special CVD is being imposed on items bound under the Information Technology Agreement (except information technology software), and also on specified inputs/raw materials for manufacture of electronics/IT goods.

  • Additional Duties of Excise (Textiles and Textile Articles) [AED (TTA)]

  • Additional Duty of Excise (Tea and Tea Waste) [AED (TTW)]

  • Secondary and Higher Education Cess

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FAQs on Types of Duties - Central Excise Act,1944, Indirect Tax Laws - Indirect Tax Laws - B Com

1. What are the different types of duties under the Central Excise Act, 1944?
Ans. The Central Excise Act, 1944, defines various types of duties, including: 1. Basic Excise Duty: This duty is levied on the production or manufacture of goods in India. It is imposed at a specific rate on the value of goods. 2. Additional Duty: Also known as Special Additional Duty (SAD), it is levied on imported goods. The rate of this duty is usually 4% of the assessable value of the goods. 3. Education Cess: Education cess is levied on the excise duty payable. It is charged at a specific rate and is utilized for the purpose of financing education-related initiatives. 4. National Calamity Contingent Duty (NCCD): NCCD is imposed on specific goods like cigarettes, pan masala, and tobacco products. The revenue generated from this duty is used to fund activities related to natural calamities. 5. Other Duties: Apart from the above-mentioned duties, there may be other duties levied under special circumstances or specific goods, as prescribed by the Central Excise Act, 1944.
2. How is the Basic Excise Duty calculated on goods?
Ans. Basic Excise Duty is calculated based on the value of goods. The value of goods is determined according to the provisions of the Central Excise Valuation Rules. The duty is usually levied at a specific rate on the assessable value of the goods. The assessable value is the price at which the goods are sold or are capable of being sold for delivery at the time and place of removal, after deducting any discounts, taxes, and other incentives.
3. What is the purpose of Education Cess under the Central Excise Act, 1944?
Ans. The purpose of Education Cess under the Central Excise Act, 1944, is to finance education-related initiatives. The cess is charged at a specific rate on the excise duty payable. The revenue generated from this cess is utilized to fund the development and improvement of educational infrastructure, scholarships, and other educational programs.
4. What are the goods subject to National Calamity Contingent Duty (NCCD)?
Ans. National Calamity Contingent Duty (NCCD) is imposed on specific goods that are considered harmful or have adverse effects on health or the environment. Some of the goods subject to NCCD include cigarettes, pan masala, and tobacco products. The revenue generated from this duty is utilized to fund activities related to natural calamities, such as relief and rehabilitation efforts.
5. Can there be any additional duties levied under the Central Excise Act, 1944?
Ans. Yes, apart from the basic excise duty, additional duties can be levied under the Central Excise Act, 1944. For example, Special Additional Duty (SAD) is levied on imported goods. The rate of this duty is usually 4% of the assessable value of the goods. Additionally, there may be other duties imposed under special circumstances or for specific goods, as prescribed by the Act.
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