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Understanding Cess in India - History, Types, and GST Impact

A 'cess' is essentially a tax that the government collects with a specific objective in mind. The revenue generated from this tax must be utilized solely for the purpose for which it was collected, and not for any other purpose. This earmarked tax can only be implemented after the Parliament of India passes a legislation.

The legislation must clearly outline the purpose for which the funds are being raised. Although the Union Government is required to share taxes with the State Government, cess can be excluded from this divisible pool of taxes as per the provisions given in Article 270 of the Constitution of India.

The Union Government has various avenues for generating revenue - direct taxes, indirect taxes, fees, surcharges and cess. The revenue accumulated through indirect tax such as Goods and Services Tax (GST) and direct tax such as income tax can be utilized by the Government in any manner that serves the public interest.

However, the money procured through cess is earmarked for a specific purpose and cannot be spent elsewhere. For instance, the revenue generated from an environment cess must be allocated for environmental conservation and related activities.

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The History of Cess in India

The concept of cess has been in practice in India since 1944, with 42 different types of cesses being levied at different points of time. This data was provided in a report submitted to the Fifteenth Finance Commission.

According to the report, the first cess was levied on matches. Post-independence, the focus of cesses was on the development of specific industries, as seen in the implementation of textile cess and coffee cess in the early 1950s.

Over time, the focus shifted towards the welfare of labourers, leading to the introduction of cesses such as the factory workers welfare cess in the 1980s, and the coal mines labour welfare cess in the 1970s.

The Impact of Goods and Services Tax (GST) on Cess in India

The introduction of GST in 2017 led to the removal of many cesses in India. By August 2018, the number of cesses still in effect was reduced to a mere seven.

Current Cess Types in India

In the Finance Bill for 2020-21, Finance Minister Nirmala Sitharaman introduced a Health Cess of 5% on imported medical devices. Post GST, the different types of cess that continued to be levied in India are:

  • GST Compensation Cess
  • National Calamity Contingent Duty on Tobacco and Tobacco Products
  • Building and Other Construction Workers Welfare Cess
  • Road and Infrastructure Cess
  • Health and Education Cess
  • Cess on Crude Oil
  • Cess on Exports

Report on Cess by the Comptroller and Auditor General (CAG)

In the first two years following the implementation of GST, the Central Government retained ₹47,272 crore of GST compensation cess in the Consolidated fund instead of crediting it to the GST compensation fund. This particular cess was levied to compensate for the loss of revenue incurred by the States when they relinquished their powers of levying indirect taxes by joining the GST regime.

The CAG also discovered that the Centre did not transfer approximately Rs 1.24 lakh crores to the designated reserve fund – the Oil Industry Development Board. This amount, which was collected through the Cess on Crude Oil over the last decade, was retained by the Centre.

Useful Links

Goods and Services Tax (GST)

Taxation in India

Revenue Receipts- Tax Revenue and Non-Tax Revenue

Direct Tax Code – Reform in Tax System

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