Levy of additional duty of excise (Agriculture Infrastructure and Development Cess) notified

The CBIC vide Notification No. 08/2021-Central Excise, dated April 8, 2021, has issued amendment in below mentioned Central Excise Notifications wherein the reference of additional duty of excise (Agriculture Infrastructure and Development Cess) leviable under ‘clause 116 of the Finance Bill, 2021’ has been substituted with ‘section 125 of the Finance Act, 2021’

The amended Notifications are as below:

S. No.

Notification No.

Description

1.

28/2002-Central Excise, dated May 13, 2002 Exemption rates of special additional duty on motor spirit and high speed diesel

2.

11/2017-Central Excise, dated June 30, 2017

Effective Rate of Duty of excise

3.

10/2018-Central Excise, dated February 2, 2018

Seeks to exempt duties of excise on the goods falling within the Fourth Schedule to the Central Excise Act, 1944, in excess of amount calculated at the rate of 50%

4.

11/2018- Central Excise, dated February 2, 2018

Seeks to exempt the 5% ethanol blended petrol from the additional duty of excise (road and infrastructure cess) levied under clause 110 of the Finance Bill 2018

5.

12/2018- Central Excise, dated February 2, 2018

Seeks to exempt the 10% ethanol blended petrol from the additional duty of excise (road and infrastructure cess) levied under clause 110 of the Finance Bill 2018

6.

13/2018- Central Excise, dated February 2, 2018

Seeks to exempt high speed diesel oil blended with alkyl esters of long chain fatty acids obtained from vegetables oils, commonly known as bio – diesels, up to 20% by volume, that is, a blend, consisting 80% or more of high speed diesel oil from the addition al duty of excise (road and infrastructure cess) levied under clause 110 of the Finance Bill 2018

7.

03/2021-Central Excise, dated February 1, 2021

Seeks to exempt Agriculture Infrastructure and Development Cess on blended fuels

8.

05/2021-Central Excise, dated February 1, 2021

Seeks to exempt M-15 fuel from Road and Infrastructure Cess

9.

06/2021-Central Excise, dated February 1, 2021

Seeks to exempt E-20 fuel from Road and Infrastructure Cess

Section 125 of the Finance Act, 2021 reads as below:

“125. Agriculture Infrastructure and Development Cess on excisable goods-

 (1) There shall be levied and collected, in accordance with the provisions of this section, for the purposes of the Union, an additional duty of excise, to be called Agriculture Infrastructure and Development Cess, on the goods specified in the Seventh Schedule (hereinafter referred to as scheduled goods), being the goods manufactured or produced, at the rates specified in column (3) of the said Schedule, for the purposes of financing the agriculture infrastructure and other development expenditure.

(2) The Central Government may, after due appropriation made by Parliament by law in this behalf, utilise such sums of money of the Agriculture Infrastructure and Development Cess levied under this section for the purposes specified in sub-section (1), as it may consider necessary.

(3) The cess leviable under sub-section (1), chargeable on the scheduled goods, shall be in addition to any other duties of excise chargeable on such goods under the Central Excise Act, 1944 (1 of 1944.) or any other law for the time being in force.

(4) The provisions of the Central Excise Act, 1944 (1 of 1944.) and the rules and regulations made thereunder, including those relating to assessment, non-levy, short-levy, refund, exemptions, interest, appeals, offences and penalties shall, as far as may be, apply in relation to the levy and collection of the cess leviable under this section in respect of scheduled goods as they apply in relation to the levy and collection of duties of excise on such goods under the said Act or the rules or regulations, as the case may be.”

The Notification can be accessed at: http://egazette.nic.in/WriteReadData/2021/226441.pdf

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