Sugar Cess Under GST: GoM To Seek Opinion From Law And Food Ministries

A ministerial panel on imposing on sugar cess today decided to seek the law ministry’s opinion on the legality of such a levy. The panel, chaired by Assam Finance Minister Himanta Biswa Sarma, will also seek a report from the food ministry on the final utilisation of the proceeds from the levy.

“The first question is whether the Council at all has the power to impose cess. We have decided to refer that to the law ministry,” Sarma told reporters after the first meeting of the panel. “If the law ministry says there is power, Council will exercise that power when it serves public interest,” he added.

The Group of Ministers was constituted on May 4 to look into the feasibility of implementing the food ministry’s proposal of levying cess on sugar to benefit sugar cane farmers. The food ministry in its report to the GoM will detail how it is proposing to disburse the proceeds from the levy of cess.

The GoM expects the law and food ministries to give their views by the end of this month. The panel will meet next on June 3 in Mumbai.

Under the current Goods and Services Tax laws, a cess is levied on luxury, sin and demerit goods on top of the highest tax rate of 28 percent. The collection from cess is utilised to compensate states for revenue loss under GST.

The GST Council had on May 4 deliberated on the food ministry proposal of imposition of cess of up to Rs 3 per kg on supply of sugar over and above 5 percent GST rate. The proceeds from the levy will flow into a separate fund and would be utilised for interventions in the sugar sector and for cane farmers.

As per estimates, the levy of cess could fetch about Rs 6,700 crore to the government. The food ministry also recommended to the Council to cut GST rate on ethanol from present 18 percent to 12 percent.

The Council then set up a five-member GoM under Sarma to consider the issues surrounding the levy of cess on sugar. The other members of the GoM include Uttar Pradesh Finance Minister Rajesh Agrawal, Maharashtra Finance Minister Sudhir Mungantiwar, Kerala Finance Minister Thomas Isaac and Tamil Nadu Fisheries Minister D Jayakumar.

Talking to reporters after the meeting, Isaac said the GoM will discuss on the alternatives of levying cess as well as how the Centre was meeting the need for support of sugar in the past.

Prior to GST rollout on July 1, 2017, a cess was levied and collected under the Sugar Cess Act, 1982, as duty of excise for the purpose of the Sugar Development Fund.

Through Taxation Laws Amendment Act, 2017 various cesses, including sugar cess, were abolished with effect from July 1, 2017.

If the Council decides on levying a cess on sugar, a new legislation has to be brought in specifying the levy of cess and the proceeds of which will be going to a special fund to compensate sugarcane farmers.

Source: bloomberg

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