2017 (3) TMI 1140 - AT - Central Excise

Education Cess - Bidi cess is leviable u/s 3 of the Beedi Workers Welfare Cess Act 1976 - whether education and higher education cess can be computed on Bidi cess - Held that - Education cess (EC) and Secondary Higher Education Cess (SHEC) cannot be computed on the Cesses which are levied under the Acts administered by the Departments/Ministries other than the Ministry of Finance (Department of Revenue) though the same are collected by the Department of Revenue as per provisions of those Acts - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Levy of Bidi cess under the Beedi Workers Welfare Cess Act, 1976.
2. Applicability of Central Excise Act, 1944 and Rules to the collection of cess.
3. Calculation of Education Cess and Secondary Higher Education Cess on Bidi Cess.

Analysis:

Issue 1: Levy of Bidi cess under the Beedi Workers Welfare Cess Act, 1976
The Commissioner held that Bidi cess is leviable under Section 3 of the Beedi Workers Welfare Cess Act, 1976. It was emphasized that the Cess under dispute is being levied as a duty of excise under the prevailing law.

Issue 2: Applicability of Central Excise Act, 1944 and Rules to the collection of cess
The Commissioner clarified that the provisions of the Central Excise Act, 1944 and Rules made thereunder shall apply to the levy and collection of cess under the Beedi Workers Welfare Cess Act, 1976. It was highlighted that the provisions of the Central Excise Act and its Rules apply to the levy and collection of duties of excise in respect of manufactured biris under the Act.

Issue 3: Calculation of Education Cess and Secondary Higher Education Cess on Bidi Cess
The appellant argued that Education Cess and Secondary Higher Education Cess should not be calculated on the Cesses levied under Acts administered by Departments/Ministries other than the Ministry of Finance, even if collected by the Department of Revenue. The appellant relied on various case laws, including Joshi Technologies International vs. UOI and Cairn India Ltd. vs. CCE, to support this argument. The Tribunal, after considering the submissions and case laws, concluded that Education Cess and Secondary Higher Education Cess should not be computed on the amount of Beedi cess due to its administration by the Ministry of Labour and not the Ministry of Finance. The decision was supported by a CBEC circular and previous judicial decisions.

In conclusion, the Tribunal set aside the impugned order and allowed the appeal, providing consequential relief to the appellant based on the findings related to the calculation of Education Cess and Secondary Higher Education Cess on Bidi Cess.