Secondary and Higher Education Cess - Customs - Secondary and Higher Education Cess

Extract

SECONDARY AND HIGHER EDUCATION CESS Description of goods Rate of Cess Goods specified in the First Schedule to the Customs Tariff Act, 1975 being goods imported into India. 1% of the aggregate of the duties of Customs and any sum chargeable on goods imported into India, under any other law for the time being in force as Customs duty but, not including additional duty, safeguard duty, Countervailing duty, Anti-Dumping duty, Education Cess and Secondary and Higher Education Cess. Note 1: Without prejudice to the provisions of sub-section (12) of section 2 of the Finance Act, 2007, there shall be levied and collected, in accordance with the provisions of Chapter VI of the Finance Act, 2007, as surcharge for purposes of the Union, a cess to be called the Secondary and Higher Education Cess, to fulfil the commitment of the Government to provide and finance secondary and higher education. Note 2: The Central Government may, after due appropriation made by Parliament by law in this behalf, utilise, such sums of money of the Secondary and Higher Education Cess levied under subsection (12) of section 2 Finance Act, 2007,and Chapter VI of the Finance Act, 2007, for the purposes specified in sub-section (1) as it may consider necessary. Note 3: The words and expressions used in Chapter VI of the Finance Act, 2007 and defined in the Central Excise Act, 1944, the Customs Act, 1962 or Chapter V of the Finance Act, 1994, shall have the meanings respectively assigned to them in those Acts or Chapter, as the case may be. Note 4: The Secondary and Higher Education Cess levied under section 136 of the Finance Act, 2007 in the case of goods specified in the First Schedule to the Customs Tariff Act, 1975, being goods imported into India, shall be a duty of customs (in section 139 of the Finance Act, 2007 referred to as the Secondary and Higher Education Cess on imported goods), at the rate of one per cent., calculated on the aggregate of duties of customs which are levied and collected by the Central Government in the Ministry of Finance (Department of Revenue), under section 12 of the Customs Act, 1962 and any sum chargeable on such goods under any other law for the time being in force, as an addition to, and in the same manner as, a duty of customs, but not including (a) the additional duty referred to in sub-section (5) of section 3 of the Customs Tariff Act, 1975; (51 of 1975) (b) the safeguard duty referred to in sections 8B and 8C of the Customs Tariff Act, 1975; (51 of 1975) (c) the countervailing duty referred to in section 9 of the Customs Tariff Act, 1975; (51 of 1975) (d) the anti-dumping duty referred to in section 9A of the Customs Tariff Act, 1975; and (e) the Education Cess chargeable under section 94 of the Finance (No. 2) Act, 2004 and Secondary and Higher Education Cess on imported goods. Note 5: The Secondary and Higher Education Cess on imported goods shall be in addition to any other duties of customs chargeable on such goods, under the Customs Act, 1962 (52 of 1962) or any other law for the time being in force and the Education Cess chargeable under section 94 of the Finance (No. 2) Act, 2004. Note 6: The provisions of the Customs Act, 1962 (52 of 1962) and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties and imposition of penalty shall, as far as may be, apply in relation to the levy and collection of the Secondary and Higher Education Cess on imported goods as they apply in relation to the levy and collection of the duties of customs on such goods under the Customs Act, 1962 or the rules or the regulations made thereunder, as the case may be. [Also See Notification No. 14/2012 - Cus. dated 17-03-2012 ]