Excise Duty in India

Types of Excise Duty

Here are the different types of excise duties:

1. Basic Excise Duty: Basic Excise Duty is levied under Section 3 of the Central Excises and Salt Act, 1944. Under this section, all excisable products apart from salt, manufactured of produced in India, are subject to Basic Excise Duty. Central Value Added Tax or CENVAT, as it is also called, is charged at the rates mentioned in the Central Excise Tariff Act.
2. Special Excise Duty: Central Excise Duty is charged under Section 37 of the Finance Act, 1978. It is levied on all excisable products that are subject to Basic Excise Duty under Section 3 of the Central Excises and Salt Act, 1944. The rate at which Special Excise Duty is charged is mentioned in the Second Schedule to Central Excise Tariff Act, 1985.
3. Education Cess on Excise Duty: According to Section 93 of Finance (No. 2) Act, 2004, Education Cess is an excise duty that must be computed on the aggregate of all excise duties including special excise duty or other excise duties, but not including Education Cess of excisable goods.
4. Natural Calamity Contingent Duty: Section 136 of the Finance Act, 2001, has imposed the Natural Calamity Contingent Duty under clause 129 of the Finance Bill, 2001. The Natural Calamity Contingent Duty is charged on cigarettes, chewing tobacco, and pan masala.
5. Excise Duty in case of clearances by Export Oriented Units: The Export Oriented Units have an obligation to export all the goods produced by them. However, if their final product is cleared in a domestic tariff area, the rate at which excise duty is charged will be the same as customs duty on a similar article if imported in India.
6. Duties under other Acts: Certain duties as well as cesses are charged on manufactured goods under other Acts. The taxes, however, are collected under the administrative machinery of central excise. The rules and provisions of the Central Excise Act are responsible for the levy as well as collection of these duties and/or cesses/
7. Additional Duty on Goods of Special Importance: Additional Excise under Additional Duties of Excise (Goods of Special Importance) Act, 1957 is levied on certain goods of special importance. The 'Additional Duty' is charged along with excise duty. The Additional Duty on Goods of Special Importance scheme was implemented due to the suggestions made to the Government by manufacturers. The suggestions were made to avoid multiple taxes and duties at different levels. The levy of all taxes as well as their collection at one stage by one authority was expected to make it convenient to not only pay the tax, but to also administer it. Therefore, the Central and State Governments agreed to charge additional duty on certain items instead of charging sales tax. The additional duty was distributed among different states, and the State Government share the revenue from this duty based on the percentages specified in the second schedule of the Act.
8. Additional Customs Duty commonly known as Countervailing Duty (CVD): This duty is charged on imports.
9. Additional Duty on Mineral Products: Under the Mineral Products (Additional Duties of Excise and Customs) Act, 1958, additional duty must be paid on mineral products such as motor spirit, furnace oil, diesel and kerosene.
10. Duty on Medical and Toilet Preparations: Under the Medical and Toilet Preparations (Excise Duties) Act, 1955, excise duty is charged on medical preparations.
11. Special Additional Duty of Customs: Special Additional Duty of Customs is charged on items that are bound under the Information Technology Agreement (apart from information technology software), and also on certain raw materials or inputs for the manufacture of IT or electronic products.

Who Should Pay Excise Duty?

Considering the fact that excise duty is charged on the manufacture/production of goods, the producer/manufacturer of goods is liable to pay excise duty to the government. The three parties that must pay excise duty include the following:

1. The individual or entity that manufactured or produced the goods
2. The individual or entity that was responsible for the manufacture of goods by way of hiring labour
3. The individual or entity responsible for the manufacture of goods by other parties

When to Pay Excise Duty?

Excise duty must be paid at the time of removal of goods. Assessees must pay the excise duty on the manufacture or production of goods. Under Rule no. 8 of the Central Excise (Amendment) Rules, 2002, excise duty should be paid on the fifth day of the following month from the date on which the goods were removed from the warehouse or factory for the purpose of sale. In case excise duty is paid online through netbanking, the due date to make the payment is the sixth day of the following month. However, if the payment is made in March, it must be done before March 31.

How to Pay Excise Duty

The Central Board of Excise and Customs launched the Electronic Accounting System in Excise and Service Tax (EASIEST) in 20017 as a web-based payment gateway so that assessees could pay service tax and Central excise duties online. The Central Board of Excise and Customs, from 1 October 2014, has made it compulsory to pay service tax and excise duties online via netbanking for all Service Tax and Central Excise assessees.

Step-by-step Process to pay Excise Duty online

In order to pay your Central Excise Duty online, you will have to visit the NSDL-EASIEST website and choose E-Payment (Excise & Service Tax). Here are the steps you will then have to follow to pay your Central Excise Duty online:

Step 1: Key in the 1-digit Assessee Code provided by the jurisdictional Commissionerate in order to start the process to pay your Excise Duty online.

Step 2: A simple online check will take place to validate your Assessee Code.

Step 3: In case your code is valid, the screen will display the corresponding assessee details such as name, address, Commissionerate code, etc.

Step 4: The Excise Duty to be paid will be chosen automatically based on your Assessee Code.

Step 5: You will then have to choose the kind of duty or tax to be paid. To do so, click on 'Select Accounting Codes for Excise'.

Step 6: You can choose up to 6 Accounting Codes at any given time. Once you choose your code/s, the central system will validate the date, after which you will see a drop-down menu showing the names of different banks that provide the online payment facility. Choose the bank you prefer to make the payment.

Step 7: Once you choose the bank and move on to the next step in the payment process, you will see a confirmation screen where you will have to confirm the information you have entered. You will then be redirected to the netbanking site of the bank you have chosen.

Step 8: The challan details you have entered will be transmitted to the bank with your location code. You will then have to log in to your netbanking account to make the payment.

Step 9: Once you have successfully paid the Excise Duty, you will see a challan counterfoil which contains the payment details, the Challan Identification Number and the name of the bank through which you have made the payment. This counterfoil can be used as a receipt or proof of payment. You can download the same from the bank website.

Step 10: Once you have made the payment online, you can view the 'Challan Status Enquiry'and confirm that you have found/uploaded the e-payment challan in the NSDL website. In case you do not find the challan on the NSDL website, you can lodge a complaint with easiest@nsdl.co.in.

Banks through which you can pay Excise Duty online

The Reserve Bank of India has authorised the following banks to collect Excise Duty through their net banking facility:

1. Allahabad Bank
2. Axis Bank
3. Bank of Baroda
4. Bank of India
5. Bank of Maharashtra
6. Canara Bank
7. Central Bank
8. Corporation Bank
9. Dena Bank
10. HDFC Bank
11. ICICI Bank
12. IDBI Bank
13. Indian Bank
14. Indian Overseas Bank
15. Oriental Bank of Commerce
16. Punjab National Bank
17. State Bank of Bikaner & Jaipur
18. State Bank of Hyderabad
19. State Bank of India
20. State Bank of Mysore
21. State Bank of Patiala
22. State Bank of Travancore
23. Syndicate Bank
24. UCO Bank
25. Union Bank of India
26. United Bank of India
27. Vijaya Bank

Differences Between GST and Excise Duty

Here are the key differences between the Goods and Services Tax and Excise Duty:

1. Tax base: Excise duty is levied on the manufacture of products, while GST is charged at every stage of the supply chain, from manufacture till the sale of the products.
2. Point of taxation: Excise duty is charged at the time of the removal of products, while GST is charged at the time of supply of products and services.
3. Tax rate: The rates applicable to excise duty are specified as per the central excise tariff rules. At the moment, excise duty is charged at 12.36% but it varies based on the kind of products. GST, on the other hand, has standard rates at 0%, 5%, 12%, 18%, and 28% depending upon the kind of product.
4. Filing of returns: When it comes to the filing of returns, excise duty returns must be filed on a monthly basis, and a yearly return must be filed before April 30. Under GST, returns must be filed on a monthly basis and a yearly return must be filed before September 30.
5. Invoice matching: Under excise duty, there is no concept of invoice matching and the taxpayer can claim input tax credit based on self-assessed returns. Under GST, credit can be availed based on invoice number matching.
6. Input tax credit: When it comes to input tax credit, credit under excise duty can be availed on the tax levied on input goods and services. Under GST, credit can be taken too but the SGST credit cannot be adjusted against CGST credit and vice versa. However, IGST credit can be taken against SGST, CGST, or IGST.

How has GST affected Excise Duty?

After the implementation of the Goods and Services Tax, the taxes that have been replaced by the new tax regime are as follows:

At the State Level:

1. State VAT/Sales Tax
2. Octroi and Entry Tax
3. Entertainment Tax
4. Luxury Tax
5. Purchase Tax
6. Fat Tax (in Kerala)
7. Taxes on gambling, lottery and betting

At the Central Level:

1. Central Excise Duty
2. Service Tax
3. Additional Excise Duty
4. Special Additional Duty of Customs
5. Additional Customs Duty commonly known as Countervailing Duty

Excise duty is charged on the production of goods and charged at the time of removal of products. GST, on the other hand, is charged on the supply of products and services. Central GST has replaced excise duty as excise is charged by the Central Government and it also collects the revenue from Central GST.

Penalty for not Paying Excise Duty

In case you fail to pay excise duty or commit an offence related to any excisable product, the duty chargeable thereon exceeds Rs.50 lakh and the defaulter may face imprisonment for a term that may extend up to 7 years. Fine will also be charged to the defaulter. Sometimes, the imprisonment term could extend up to 3 years, with or without fine, depending on the case.

Under Section 11A(4), the reasons for punishment for not paying or underpaying excise duty could be fraud, wilful misstatement, collusion, or suppression of facts. Here are the penalties for the various offences related to Excise Duty:

1. In case excise duty was not levied, or not paid, or was short-levied, or was short-paid, or incorrectly refunded due to collusion, fraud, suppression of facts, or wilful misstatement, the assessee will be subject to a penalty equal to 50% of the duty so determined.
2. In case the details pertaining to a transaction in the records reveal that any excise duty was not levied, or not paid, or was short-levied, or was short-paid, or was incorrectly refunded, the assessee will be subject to a penalty equal to 50% of the duty so determined.
3. In case the interest payable in addition to an excise duty is paid within 30 days from the date on which the same was communicated with the assessee, the penalty will be 25 of the duty so determined.
4. In case a person who is associated with the transporting, depositing, concealing, removing, selling, purchasing or keeping of any excisable products that he/she knows are liable to confiscation as per the law, will be liable to a penalty equal to the duty applicable to the goods or Rs.20,000, whichever is more.
5. In case a person makes/issues an excise duty invoice or another document claiming the removal of goods when said goods have not been delivered will be liable to a penalty equal to the amount of such benefit or Rs.5,000, whichever is more.