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ROAD AND INFRASTRUCTURE CESS

Budget - By: - Mr.M. GOVINDARAJAN - Dated:- 8-2-2018 Last Replied Date:- 8-2-2018 - Introduction The road cess was originally created in 1998-99 as a non-lapsable, dedicated fund to make roads. It was collected from users of diesel and petrol by levying an extra cess on the amount of fuel they bought. The non-lapsable pool of funds was subsequently adopted as a law called the Central Road Fund (CRF) Act 2000, with a levy of just one rupee a liter each on diesel and petrol. The fund was used for .....

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r revised estimates. Finance Minister Arun Jaitley has proposed replacing the road cess with a , through the Finance Bill, 2018. Chapter VII of the Finance Bill, 2018 proposes for the introduction of . This cess will be collected on imported goods and on excisable goods. Cess on imported goods Clause 109 of the Bill provides that the government will levy an additional duty of customs to be called the on the goods specified in the Sixth Schedule being the goods imported into India at the rate spe .....

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ssment, non levy, short levy, refund, exemptions, appeals, offences and penalties shall, as far as may be, supply in relation to the levy and collection of the additional duty of customs leviable under clause 109 in respect of scheduled goods and they shall apply in relation to the levy and collection of the duties of customs on scheduled goods under the said Act or the rules and regulations, as the case may be. Cess on excisable goods Clause 110 of the Bill provides that the government will lev .....

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ncluding those relating to assessment, non levy, short levy, refunds, exemptions, interest, appeals, offences and penalties shall apply in relation to the levy and collection of the cess leviable and they shall apply in relation to the levy and collection of the duties of excise on scheduled goods under the said Act or the rules. Amendment to Central Road Fund Act, 2000 For the purpose of levy of , the Financial Bill, 2018 brought amendments to the Central Road Fund Act, 2000. The amended object .....

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dditional duty of customs and the additional duty of excise on motor spirit commonly known as petrol and on high speed diesel oil levied under clause 109 and clause 110 of the Finance Bill shall be deemed to be the cess for the purpose of this Act from the date of its levy and the proceeds thereof shall be credited to the Consolidated Fund of India. Utilization of the fund The amended section 7(1) of the Act provides that the fund shall be utilized for the- development and maintenance of nationa .....

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es the expression infrastructure projects as the category of projects and infrastructure and sub sectors specified in Schedule II which is reproduced as follows: Category of projects and infrastructure sub-Sectors Sl. No. Category Infrastructure and sub-sectors 1 Transport (a) Road and bridges; (b) Ports (including Capital Dredging) (c) Shipyards (including a floating or land based facility with the essential features of waterfront, turning basin, berthing and docking facility, slipways or ship .....

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age facility (including strategic storage of crude oil); (f) Gas pipeline (including city gas distribution network) 3 Water and Sanitation (a) Solid waste management; (b) Water supply pipelines; (c) Water treatment plants; (d) Sewage collection, treatment and disposal system; (e) Irrigation (dams, channels, embankments, etc.,) (f) Storm water drainage system; (g) Slurry pipelines 4 Communication (a) Telecommunication (Fixed network including optic fiber/wire/cable networks which provide broadban .....

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ssified hotels located outside cities with population of more than one million; Ropeways and cable cars; (e) Common infrastructure for industrial parks and other parks with industrial activity such as food parks, textile parks, special economic zones, tourism facilities and agriculture markets; (f) Post harvest storage infrastructure for agriculture procedure including cold storage; (g) Terminal markets; (h) Soil testing laboratories; (i) Cold chain (including cold room facility for farm level p .....

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so, by notification in the Official Gazette, amend Schedule II relating to any category of projects or infrastructure sub-sectors. Section 7(3) provides that every notification issued under this Act by the Central Government shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of 30 days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately foll .....

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n 7A is proposed to be inserted. According to this new section the share of the Fund to be apportioned to each infrastructure projects shall be finalized by a Committee, constituted by the Central Government by notification published in the Official Gazette, headed by the Finance Minister, depending on the priorities of the projects. Management of the Fund Section 9 of the Act is proposed to be substituted by new provision. According to this section the Central Government shall have the power to .....

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s , roads and other infrastructure; co-ordination and complete and timely utilization of all sums allocated out of the Fund; formulation of criteria on the basis of which the specific projects of State roads of inter-State and economic importance are to be approved and financed out of share of State roads; release of funds to the States for specific projects and monitoring of such projects and expenditure incurred thereon; formulation of the criteria for allocation of the funds for development a .....

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