F.No.354/72/2010-TRU
Government
of India
Ministry
of Finance
Department
of Revenue
(Tax
Research Unit)
******
New
Delhi, dated the 24th June,
2010.
To
Chief Commissioners of Central
Excise (All),
Chief Commissioners of Customs
(All),
Chief Commissioners of Central
Excise & Customs (All),
Director General of Central Excise
Intelligence, New Delhi,
Director General of Audit, N. Delhi,
Director General of Revenue
Intelligence, New Delhi.
Madam/Sir,
Subject:
Levy of Clean Energy Cess – regarding.
It may kindly be recalled that as
part of the proposals contained in the Budget for 2010-11, Finance Minister had
announced the imposition of Clean Energy Cess as a duty of excise on coal,
lignite and peat. This cess is to come
into force on a date to be notified by the Central Government after the
enactment of the Finance Bill, 2010. In
pursuance of the enactment of the Bill on 08.05.2010, it has been decided to notify 1st July, 2010 as the
appointed date for coming into force of the provisions of Chapter VII
(Section 83 and 84) of the Finance Act, 2010.
Notification No. 1/2010-CEC (Clean Energy Cess) dated 22.06.2010 has
been issued for this purpose.
2. The Tenth Schedule to the Finance Act,
2010 prescribes a statutory rate of cess of Rs.100 per tonne for all three
categories, namely, coal, lignite and peat.
An effective rate of Rs.50 per tonne has been prescribed through
Notification No. 3/2010-CEC dated 22.06.2010.
Notification No. 28/2010-CE and 29/2010-CE, both dated 22.06.2010 have
also been issued to exempt such goods (i.e to which the clean energy cess
applies) from education cess and higher
education cess respectively. As a result
the aggregate rate of cess would be Rs.50 per tonne. This amount has to be paid in cash as
suitable amendment in the CENVAT credit rules ,2004 is being made to exclude
payment of this cess using credit.
3. The cess would apply to the gross quantity
of raw coal, lignite or peat raised and dispatched from a coal mine. No deduction from this quantity is to be
allowed for loss, if any, on account of washing of coal or its conversion into
any other product/form prior to its dispatch from the mine. At the
same time, cess would not be chargeable on washed coal or any other form provided
the appropriate cess has been paid at the raw stage. In order to provide for this, all goods
covered by the Tenth Schedule other than raw coal, raw lignite and peat are
being exempted from the cess (Notification No. 4/2010-CEC dated 22.06.2010) on
the condition that appropriate cess has been paid at the raw stage.
4. Since Clean Energy Cess is being levied
as a duty of excise, it would also apply to imported coal by virtue of Section
3(1) of the Customs Tariff Act in the form of additional duty of customs. As imported coal would not satisfy the
condition regarding payment of appropriate cess at the raw stage, Clean
Energy Cess would apply to all forms of imported coal including washed coal.
5. In the State of Meghalaya, coal is
mined under traditional and customary rights vested on the local tribes. The mines operated by these tribes are not
subjected to the provisions of laws that regulate the operation of coal
mines. As such, full exemption from Clean Energy
Cess is being provided to coal produced in the State of Meghalaya under such
rights (Notification No. 5/2010-CEC dated 22.06.2010 refers).
6. Section 83 of the Finance Act, 2010
provides that the Central Government may by notification in the official
gazette declare that any of the provisions of Central Excise Act, 1944 relating
to levy, exemption, refund etc. would be applicable in respect of Clean energy
Cess. In pursuance of this power,
Notification No. 2/2010-Clean Energy Cess dated 22.06.2010 has been issued to
borrow the relevant machinery provisions of the Central Excise Act, 1944 for the collection
and administration of the cess.
7. Section 84 of the Finance Act, 2010
empowers the Central Government to make rules for carrying out the provisions
of Chapter VII. Accordingly, Clean
Energy Cess Rules, 2010 have been notified under this provision to
prescribe a procedure for the levy and collection of the cess (Notification No.
6/2010- Clean Energy Cess dated 22.06.2010). These rules envisage simple compliance
regime for coal mines akin to the one already in place in respect of stowing
Excise Duty collected by the office of the Coal Controller, Government of
India. The salient features of these rules are
as under:
(i) Every producer of coal, lignite and
peat is required to be registered with the jurisdictional central excise
authority. This would imply that every
coal mine should obtain registration. In
several cases, especially in the case of coal mines operated by public sector
undertakings such as Coal India Limited and its subsidiaries, the accounting and
billing of coal is done in a centralized
manner. In order to ease the compliance
burden on such producers, an option has been given to obtain centralised
registration for the office from where accounting or billing is
done. With the introduction of ACES, the
registration of Central Excise assessees is being undertaken exclusively in the
electronic mode. Besides, the registration number generated electronically is
required for making electronic payments of duty. In order to harmonise the
processes in respect of Clean Energy Cess with Central Excise it has been
decided that the application form for registration of Central Excise assessees
would itself be used for the registration of assessees liable to pay Clean Energy Cess with the modification that
the word “factory” would be read as “mine”
in this case.
(ii) Cess would be
payable on quantity removed during a month on self assessment basis.
(iii) The due date
for payment has been fixed as the 6th
(for e- payment) / 5th (for payment in any other manner) of the month following the next month to which the removals relate i.e. payment for removals during the
month of July,2010 should be paid by the 5th/6th of September,2010. However, on imports the cess would be payable w.e.f. 1st
July, 2010.
(iv) Adjustment of excess payment, if any, is permissible by the next
payment date.
(v)
Monthly return indicating the total quantity
removed along with cess payment has been prescribed. Since this return is not
compatible with ACES software electronic filing would not be feasible at this
stage. Returns may hence be accepted manually by the jurisdictional
Range/Division of Central Excise.
(vi)
General
penalty
of Rs 10,000 has been prescribed for any contravention.
(vii)
Specified
goods are to be removed under cover of proper documents. However, this
need not be an invoice. It has been prescribed in rule that any
document specifying the quantity removed and
name of the consignee would suffice.
8. Although the levy of Clean Energy Cess
comes into force on the 1st of July, 2010, the first payment from
registered producers would be due only by the 5th of September,
2010. In the meanwhile, the
office of Chief Controller of Accounts has already been requested to assign a
minor head for the payment of this cess both on domestic and imported coal. Relevant communication conveying this to the
field formations would be issued in due course.
9. The provisions of the relevant
notifications and this letter may be brought to the notice of field formations
under your charge and the trade. The notifications may kindly be studied with
utmost care and difficulties in their implementation, if any, may be brought to
the notice of the undersigned.
Yours
faithfully,
(Vivek
Johri)
Joint
Secretary (TRU-I)
Tel:
23092687