In today's World the relevance of taxes are a lot more than just financial aid to the Government. It is also, the money that goes in for building the future of a nation. India being a democratic country requires this aid through taxes. The Central Government levies taxes along with the state government to their respective states. There are a few taxes that are levied by the local Municipality as well. Excise Duty falls under the Central Government of India.
What is Excise Duty?
This tax is levied on certain goods for their production or sale catering or on licenses on specific services and activities. Excise duty is an inland tax unlike custom duties is an inland tax. Also this duty charges are a form of indirect tax. Indirect taxes are generally collected by a retail store or an intermediary body from the person who ultimately bears the responsibility of paying the tax as a consumer. The producer of the goods then pays this tax to the government. This amount is excise of the VAT (Value Added Tax) and sales tax that is charged to the consumers when purchasing a good.
The excise duty falls under the Excise Duty Act, 1944. The State Government charges them on certain goods such as narcotics, alcohol or alcoholic products, the duty charges on other goods are collected by the Central Government, hence the term, ‘Central Excise Duty’. The tax is however, collected by the Government when the good are being removed from the factory and dispatch.
Acts and Rules For The Collection of Excise Duty:
Under the authority of the Central Excise Act, 1944, the taxes are levied on manufacturing or production of goods. The rates for the taxes are specified under the Central Excise Tariff Act, 1985. This duty is chargeable on certain textile products such as yarn, fiber, etc. also excluding the Additional Excise Duty under Additional Duties of Excise (Textiles and Textile Articles) Act, 1975, which are also charged.. The Additional Duties of Excise (Goods of Special Importance) Act, 1957 and Miscellaneous Cess Acts permits and mandates collection of Additional Excise Duty and Cess respectively on many products over Basic Excise Duty authoritated by the Central Excise Act, 1944.
Central Board of Excise and Customs:
Established in 1855, by George Robinson, the British Governor General of India at the time, Central Board of Excise and Customs was intended to administer and manage customs laws in the country as well as the collection of import duties and land revenue. It is said to be one of the oldest government departments of India.
The Central Board of Excise and Customs (CBEC) is functions under the the Union Ministry of Finance’s Department of Revenue. The responsibility for administering the laws that govern laws under the following, and are not restricted to excise taxes alone:
- Policy making for levying and collecting central and customs and excise duties
- Management of Customs, Narcotics and Central Excise as per the prior set limits
- Prevention the goods smuggling
There are certain subsidiary organizations that function under the Central Board of Excise and Customs including:
- Custom Houses
- Central Excise Commission rates
- Central Revenues Control Laboratory
Products with Excise Duty Charges:
Besides narcotics and alcohol, collected by the corresponding state Government, the Central Government charges excise duty on the following products:
- Live Animals and Animal Products:
This includes live animals, meat and edible meat offal, Fish and Crustaceans, Molluscs and other Aquatic Invertebrates, Birds' Eggs, Natural Honey; Edible Products of Animal Origin, not elsewhere specified or included, Products of Animal Origin, not elsewhere specified or included.
- Vegetable Products:
This category includes Live trees and other Plants; Bulb, Roots and the like; Cut flowers and Ornamental Foliage, Edible Vegetables and Certain Roots and Tubers.
- Other Products:
Edible Fruit and Nuts; Peel of Citrus Fruit or Melons, Coffee, Tea, Mate, Spices, Products of the Milling Industry; Malt; Starches; Inulin; Wheat Gluten, cereals, Products of the Milling Industry; Malt; Starches; Inulin; Wheat Gluten, Oil Seeds and Oleaginous Fruits; Miscellaneous Grains, Seeds and Fruit; Industrial or Medicinal Plants; Straw and Fodder, Gums, Resins and other Vegetable Saps and Extracts and Vegetable Plaiting Materials.
- Products Made Out of Non-renewable Sources:
Products made from precious Metals and other Metals, other industrial chemicals.
All the rates are available under Central Excise Tariff & Central Excise Duty of 2015, as of August 2015.
Sales Tax/VAT V/S Excise Duty:
The biggest difference between VAT/sales tax and excise duty is that the prior to be charged on consumption of goods, whereas excise is charged on the manufacture and production of goods. Excise duties are also chargeable on a narrower range of products, as compared to VAT and sales tax. For example, excise is not chargeable on fossil fuels unlike sales tax and VAT. The excise amount is generally accounts for a higher percentage of the maximum retail price of the products. Excise is chargeable on per unit basis, i.e. it is calculated on the costing of good for a specific amount in the form of volume, weight or units. VAT and sales tax amounts are calculated proportional to the maximum retail price of the product or services.
Excise Duty V/s Customs Duty:
If you take a look at both of these taxes at first, both are taxes levied by the government of India but the most significant difference between the two is that customs duty is a tax levied upon goods imported into the country from foreign countries while excise duty is levied by the government on the goods manufactured in the country. It is important to note that many provisions are common to both customs and excise duty. Also, both taxes have similar procedures of administration, tribunal and settlement. At the same time the refund search, principles of valuation, confiscation and appeal are similar for both taxes.
What is the Purpose of Excise Duty?
There is a necessity of taxes in any country but it is important to know what the Government does with that money. Taxes are levied to ensure the smooth running of the public services in India. Excise duty is a part of it.
It makes sure that the manufacturing sector is involving themselves in the taxation to cover all aspects. Taxes can also be a tool to control the sale of a good, especially narcotic substances and alcohol. The increase in tax amount of such products may have eventually lead to reduction of purchase due to ill affordability.
Taxes in general, help Governments in infrastructure projects such as building roads, railway networks that are used by the public. It also helps to ensure that the defense forces i.e. navy, airforce and army are being maintained and the required arms are being funded, so that taxpayer or not, a citizen of India feels safe and secure at home. Other maintenances such as public parks, water treatment and cleanliness in public places are funded by such taxes. A lot of free public healthcare is funded through these taxes. Any Government or public building, organization, area or service is indeed funded by such taxes.
Also, under the Indian law system excise tax, unless exempted under the corresponding acts. If an individual or an organization is caught evading excise tax, the penance could be a fine of 20-50% of duty evaded. It also spoils the organization and the involved individual’s image. Hence, the importance of excise duty.
How do you Evaluate Excisable Goods?
It is done in the basis any one of the 2 two provisions enshrined in the Central Excise law in India. These provisions are Valuation under section 4 of the Central Excise Act, 1944 and the Central Excise Tariff Act, 1985, The earlier act is based on normal price where maximum retail price is not to the Central Government or where Tariff values have not been fixed for the articles. Under section 3(2) of the Central Excise Tariff Act, 1985 the valuation is simply based on maximum retail price (MRP) under section 4A of the Central Excise Act, 1944. Section 4A of the Central Excise Act of 1944 applies on the excisable goods that are notified by the Central Govt.
News About Excise Duty
GST Does Not Take Away Right of Government to Levy Excise Duty
The Government has come to the conclusion that despite all the chaos and decisions made by the attorney general it still has the power to tax people for excise duty on goods besides petroleum despite the provision of the Constitution amendment law, that was given Septemeber 16. According to an interview given to the Economic Times by a top Government official that based on the 122nd Amendment 2014, GST Act which is supposed to levy GST would be able to cover the government’s interest until the implementation of the reform takes place.
21st September 2016
Reliance Industries Hazira Plant Under Scrutiny
In news that might spell trouble for Indian conglomerate Reliance Industries, the company’s plant in Hazira, Gujarat has come under the tax department’s scanner.
It is being reported that has evaded excise duty of about Rs. 25 crore and the central revenue authorities are closely debunking the issue.
The Directorate General of Central Excise Intelligence (DGCEI) of the Gujarat region has supposedly started a probe and has sought clarifications for RIL regarding the issue. The case concerns the wrongful classification of mixed Xylene—a chemical compound obtained through the cracking of Naphtha—which the company produces and sells to paint factories.
RIL was alleged of paying only 12.5% by classifying Xylene as an organic chemical where it actually is a mineral oil that incurs 14% duty.
Speaking on the same, a company spokesperson has said that the company has complied with all the rules and that they are clear of any wrongdoing as their work is routinely audited by government agencies.
However, DGCEI officials from Surat region has sought all the relevant documents regarding the case and have demanded RIL’s senior officials to appear before a tribunal.
The real extent of the evasion though will only be found out once the probe is complete.
19th September 2016
Textile Traders In Surat Oppose Excise Duty On Branded Fabrics
A new circular issued by the Central Excise and Customs Department has stated that a 2% duty would be levied on branded clothing such as saris, salwar suit and dress materials priced more than Rs.1,000. The Federation of Surat Textile Traders Association (FOSTTA) is opposing this move.
The association has decided to send a memorandum to the Ministry of Finance and Ministry of Textiles urging them to exclude fabrics made in man-made fibre hubs should be excluded from this excise duty.
Most traders in Surat sell their products under a brand name, but being an MMF hub, the excise duty should be repealed, said FOSTTA.
4th August 2016
Wine Consumption in Karnataka to get Costlier
The Excise Department in Karnataka has issued a draft notification on June 22 for an increase in the excise duty by a whopping 177 percent which would make wine in certain categories costlier. The hike is scheduled to come into force on July 1. It is being touted as a measure to support the growers of the much famous Bangalore Blue Grapes.
Clarifying the hike, the Excise Commissioner stated the spike in duty is only applicable for ENA (Extra Neutral Spirit). This move is being seen as a measure to promote sale and consumption of fruit wine. Grape Growers do not see this as a deterrent since a bulk of this category of grapes is being sold to wine producers in the state of Maharashtra. Before making a final decision in this regard, the feedback of growers and wine producers is likely to be taken into account.
30th June 2016
Excise Duty Cut On Fuel Unlikely: Oil Minister
Oil Minister Dharmendra Pradhan has told the public not to expect a reduction in excise duty after petrol and diesel went up by Rs. 9-10 per litre since March. He said there should be no knee-jerk reaction either to slipping oil prices or increasing prices.
He said the de-linking of petrol and diesel prices from government controls and leaving them to market movements was “a conscious decision” and “there is no rethink on it”. He added that petro and diesel prices were not directly linked to oil prices, but to gasoline and gas oil rates, which “do not necessarily move in tandem with crude oil prices”.
Petrol prices on Wednesday was up by Rs.2.58 per litre and diesel increased by Rs.2.26 per litre.
22nd June 2016
Players in the Copper industry demand abolition of excise duty
Top players in the Copper industry are demanding abolition of excise duty on the import of the metal in raw form. There is a 2.5% current duty being charged on import of copper. This, experts believe is key since the copper reserves available in the country make up for only 4% of the overall domestic demand of the metal.
The mines ministry has agreed to the demand and has proposed the same to the revenue department of the country. Vedanta, Hindalco and Hindustan Industries have a combined yearly capacity of one million tonnes which remains heavily underutilized due to imports from Japan and other firms in the ASEAN countries.
8th June 2016
Maharashtra Jewellers Unite To Oppose Excise Duty
Sonar Samaj Seva Mahasangh in Maharashtra has urged the Central Government to reconsider its decision of imposing excise duty on jewellery.
The organisation was formed after jewellers in the state decided to unite in the common cause of protesting the new excise duty.
Through Union Budget 2016, an excise duty of 1% (with input tax credit) or 12.5% (without input tax credit) has been announced on jewellery.
1st June 2016
Transporters demand Excise Duty cut on Petrol, Diesel
Transporters in New Delhi are opposing to the increase in diesel and petrol prices and have demanded a cut in excise duty on the fuels. Diesel prices in a fortnight were hiked by up to Rs. 4.20 per litre.
They said the rise in fuel prices have impacted their income and accused the government of not allowing them to take advantage of crude oil price slumps.
A statement by the Delhi Transporters Association said, “During November 2015 to January 2016, excise duty has been increased 5 times and by doing so the government has earned extra revenue to the tune of Rs 17,000 crore. At present, the excise duty on diesel is Rs. 6.87 per litre.”
19th May 2016
Dismissing rollback of excise tax on Jewellery, Arun Jaitley
Finance Minister, Arun Jaitley overruled requests for rollback of one percent excise duty on jewellery (other than silver). He stood his ground that tax must be paid as jewellery comes under the category of ‘luxury goods’ even when Shiv Sena got involved. In a Lok Sabha meet, he stated that the government had already formed a commission for this and MPs could put in their recommendations to simplify rules. He also assured that there will be no undue torment of jewelers. He also rejected the demand made by Mr. Deepender Hooda (Congress) for excusing jewelers operating from rural places stating the income threshold.
11th May 2016
Delhi High Court quashes Circular issued by Central Board of Excise and Customs
The Delhi High Court has recently quashed a circular issued by the Central Board of Excise and Customs (CBEC) which denies the benefit of preferential custom duty to members of Bullion and Jewellers Association for gold imported from Indonesia. The circular was rescinded by Justices Dr. S. Muralidhar and Vibhu Bakhru, who stated that it does not fall within the scope of Section 151A of the Customs Act since it dictates the customs officer the manner in which he should complete a provisional assessment. The Court also stated that according to the provisions under Section 151A of the Act, no instructions, orders or directions are to be allowed by which a Customs Officer may make a specific assessment or do away with a specific case in a certain manner.
3rd May 2016