Education Cess Can’t Be Charged Again Once Added To Customs Duties: CESTAT

Date:

The Chandigarh Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that once education cess is added to the customs duties to arrive at the aggregate of customs duties, the question of charging education cess again does not arise.

The bench of S. S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) has observed that what is required for the purpose of proviso to Section 3 of Central Excise Act, 1944 is to arrive at aggregate of customs duties and once we take a view that education cess is part of the customs duty and is an enhancement, the question of adding it again does not arise.

The appellants/assessee is in the business of manufacturing of Back Plates and Anti-Noise Shims; during the process of manufacture scrap of iron/ steel is generated in the factory and was cleared by the appellants in the Domestic Tariff Area in terms of Para 6.8 of Foreign Trade Policy 2004-2009.

The department issued the Show Cause Notices seeking to recover interest along with equal penalty, contending that the appellants are not eligible for DTA clearance in terms of the policy as they did not undertake any physical exports of the final products; the appellants are required to pay Education Cess and Secondary and Higher Education Cess thrice whereas the appellants have paid it only once.

The assessee contended that Cess is not payable three times and is payable twice for the period 01.02.2012 to 16.03.2012 and only once for the period 17.03.2012 to 30.09.2013. She further submits that as no duty is payable, penalty is not imposable on the company and their officers.

The tribunal held that education cess is part of the customs duty and is an enhancement, the question of adding it again does not arise.

Read More: Excise Dept. Can’t Red Mark Property In Revenue Records For Old Tax Dues Against Auction Purchaser: Himachal Pradesh High Court

Case Details

Case Title: M/s Meneta Automotive Components Pvt. Ltd. Versus Commissioner of Central Excise, Rohtak

Case No.:Excise Appeal No. 54199 of 2014

Date:09.01.2025

Counsel For Appellant: Shreya Khunteta

Counsel For Respondent: Siddjartj Jaiswal

Mariya Paliwala
Mariya Paliwalahttps://jurishour.in/
Mariya is the Senior Editor at JurisHour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.

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