Purpose of the Bill
- The Bill authorises the central government to levy a special cess on selected goods such as pan masala and any other product notified in future.
- Revenue from the cess will be earmarked for public health programmes and national security expenditure.
Levy and Collection of the Cess
- The cess is payable by anyone who owns or operates machines or undertakes manual processes to manufacture the notified goods.
- Amount is calculated per installed machine or per manual production unit, and is paid monthly.
- Producers must self-assess their liability and file a monthly return.
- Any delay in payment will attract interest.
Machine-Based Production
- Cess depends on:
- Maximum rated speed of the machine
- Weight of the packed product
- Example slabs:
- Up to 500 pouches/min (up to 2.5 g each): ₹1.01 crore/month per machine
- 1,001–1,500 pouches/min (above 10 g each): ₹25.47 crore/month per machine
- Government may increase the rates up to twice the specified amount in public interest.
Manual Production
- Fully manual factories will pay a flat ₹11 lakh per month.
Audit and Verification
- Officers of Commissioner rank or above may conduct audits to verify the correctness of cess paid.
- In case of unpaid cess or discrepancies, officials may initiate recovery of cess, interest, and penalties.
Offences and Penalties
Acts considered offences include:
- Running machines or production processes without declaring them
- Failing to pay the cess on time
- Not obtaining mandatory registration
- Tampering with or disposing of lawfully seized goods
Penalties:
- Minimum penalty: ₹10,000 or the amount of cess evaded — whichever is higher
- Aiding or abetting: Up to ₹1 lakh penalty
- For fraud, wilful misstatement, or suppression involving over ₹1 crore, criminal prosecution applies:
- 1 to 5 years imprisonment, along with fine
Appeal Mechanism
The Bill provides a three-tier appeal structure:
- First appeal to an Appellate Authority (Commissioner level) within 3 months
- Further appeal to the Customs, Excise and Service Tax Appellate Tribunal (CESTAT)
- On substantial questions of law, appeal may be made to the High Court
Inspection, Search, and Seizure Powers
- Joint Commissioner–rank officers or above may inspect any premises where notified goods are produced or stored.
- They can search, seize goods, machines, records or documents if evasion is suspected.
Why the Bill Matters
- Generates a dedicated revenue stream for public health and national security.
- Targets sectors like pan masala where tax evasion is widespread.
- Introduces a clear structure for machine and manual production, improving transparency.
- Aims to strengthen enforcement and ensure high-risk industries comply with fiscal regulations.
