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Levy of Clean Energy Cess-Reg.

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..... 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 (Sec 83 84) of the Finance Act 2010. Notification No.1/2010- CEC (Clean Energy Cess) dtd-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 ₹ 100 per tonne for all three categories, namely, coal, lignite and peat. An effective rate of ₹ 50 per tonne has been prescribed through Notfn. No. 03/2010-CEC dated-22.06.2010. Notfn. 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 educ .....

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..... s of laws that regulate the operations 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 (Notfn. No. 5/2010 CEC dated22.06.2010 refers). 6. Section 83 of the Finance Act, 2010 provides that the Central Government may by Notfn. 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- CEC(Clean Energy Cess) dtd-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 8 .....

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..... pplication form for registration of Central Excise assessees would itself be used for the registration of assesses liable to pay Clean Energy Cess with the modification that the word factory would be read as mine in this case. 7(b). Cess would be payable on quantity removed during a month on self assessment basis. 7(c). The due date for payment has been fixed as the 6th (for e-payment)/5th (for other modes of payment) 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 Sep., 2010. However on imports the cess would be payable w.e.f. 1st July, 2010. 7(d). Adjustment of excess payment, if any, is permissible by the next payment .....

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