INTRODUCTION
The GST Compensation Cess is crucial as it helps ensure fair revenue distribution among Indian states after the launch of GST. It is a special kind of tax imposed on specific goods and services, especially those related to luxury. The amount collected is used to compensate states for any revenue loss caused by GST implementation.
In this article, we’ll explore the concept in depth, including its legal foundation, the products it applies to, and how it impacts sectors such as the automobile industry.
TMWala can help businesses stay compliant by providing up-to-date GST classification and tax rate tracking for their products and services.
WHAT IS GST COMPENSATION CESS?
In 2017the Goods and Services Tax (GST) was introduced and marked a significant shift in India’s indirect tax structure, merging various state and central taxes into one and making a unified tax regime. However, this transition became a risk to the revenue streams of multiple states, especially those heavily reliant on previous local taxes. To address these concerns, the central government introduced a compensation mechanism funded by an additional levy.
GST Compensation Cess is kind of an extra tax collected by the Central Government under the GST (Compensation to States) Act, 2017. It applies to specific goods and services, such as luxury items. In this tax the tax imposed on luxury item is charged over and above the regular GST rates.
This cess is primarily intended to make up for any revenue losses incurred by Indian states as a result of the switch to the GST system. To guarantee steady revenue development, the funds gathered from this cess are subsequently disbursed to the states from a separate fund.
This cess does not apply to all goods and services but targets those considered non-essential, such as tobacco or luxury cars. It is collected for a fixed transitional period (initially for five years starting from July 1, 2017) or until the states are fully compensated for their revenue losses.
GST CESS APPLICABILITY
The GST Cess applicability is restricted to certain notified goods and services that typically fall under the categories of luxury or sin goods. This ensures that the burden of this additional tax falls only on high-value or non-essential items.
GST Both the supply of products and services that have been notified by the Central Government would be subject to cess. Additionally, a GST cess would be applied to both intra-state and inter-state supplies of goods or services. The GST cess must be collected and sent by all taxable persons, except taxpayers registered under the GST composition system.
Here’s a list of products and services currently subject to GST Compensation Cess:
Pan Masala
- Tobacco and manufactured tobacco substitutes, including cigarettes and chewing tobacco
- Briquettes, coal, ovoid fuels, and other solid fuels made from lignite or coal
- Aerated waters (e.g., carbonated soft drinks)
- Motor cars and other motor vehicles primarily designed for the transport of persons (except for public transport vehicles)
- Any other supplies that are occasionally needed
Businesses dealing with these goods must levy the cess in addition to the applicable GST rate and remit it to the central government. This levy does not apply to taxpayers who have opted for the composition scheme under GST.
TMWala can help businesses identify whether their products fall under cess-applicable categories and guide them through correct GST invoicing and filings.
GST COMPENSATION TO STATES
The central idea behind the cess is to ensure that no state suffers revenue loss because of the GST rollout. This was especially crucial in the initial years post-implementation.
To make up for any revenue losses sustained during the GST implementation, the states would split the GST Compensation Cess. The procedure developed by the GST Council determines it. As a consequence of the computation, it includes the actual revenue, the predicted revenue, and the compensable payment.
Each month, the corresponding states will get the compensable sum. If anything is left over, a specific formula will be used to allocate it to the states and the federal government.
The projected revenue for states is calculated assuming an annual growth rate of 14% over their 2015–16 tax base. If the actual revenue falls short of this projection, the difference is covered by the Compensation Fund created from the cess collections. This mechanism helps maintain fiscal stability and trust among states.
GST COMPENSATION CESS ON CARS
The automobile sector is one of the major contributors to GST Compensation Cess collections. Different types of vehicles attract different cess rates based on engine size, fuel type, and vehicle dimensions.
At the time of vehicle sales, a compensation cess is applicable in addition to the GST on cars. Below is a table summarizing the applicable cess and GST rates:
Type of Vehicle | GST Rate | Compensation Cess | Total Tax Payable |
Petrol/CNG/LPG car less than 1200cc and length < 4m | 28% | 1% | 29% |
Petrol/CNG/LPG car < 1200cc and length > 4m | 28% | 15% | 43% |
Petrol/CNG/LPG car > 1200cc | 28% | 22% | 50% |
Diesel car < 1500cc and length < 4m | 28% | 3% | 31% |
Diesel car < 1500cc and length > 4m | 28% | 20% | 48% |
Diesel car > 1500cc, length > 4m, ground clearance ≥ 170mm | 28% | 22% | 50% |
Electric Vehicles (all sizes) | 12% | Nil | 12% |
Ambulance-fitted Vehicles | 28% | Nil | 28% |
Three-wheeled motorized vehicles | 28% | Nil | 28% |
Fuel Cell Vehicles (e.g., hydrogen) | 12% | Nil | 12% |
Motorcycles/mopeds ≤ 350cc | 28% | Nil | 28% |
Motorcycles > 350cc | 28% | 3% | 31% |
The vehicle specifications are in line with the Motor Vehicle Act, 1988. These rates are subject to periodic revisions by the GST Council.
It is evident from the list above that diesel vehicles with big engine capacities are subject to the greatest compensatory cess and, hence, the highest tax rates.
Simultaneously, cars with smaller engines and those driven by cleaner technologies such as electric/fuel cell feature a lower rate of compensation cess.
This structure supports two objectives: raising revenue from luxury/polluting goods and encouraging the adoption of environment-friendly technologies through tax incentives.
CONCLUSION
The GST Compensation Cess plays a key role in India’s tax system by helping states recover any revenue losses after GST was rolled out. It’s an extra charge on luxury and sin goods, meant to ensure fair revenue distribution.
To understand what GST Compensation Cess is, remember it’s a special tax collected by the central government, over and above the regular GST, on select items like tobacco, luxury cars, and coal-based products.
The GST Cess applicability is limited to specific goods and services notified by the government. It applies to both intra-state and inter-state supplies, except for those under the composition scheme.
Through GST Compensation to states, the funds collected from this cess are used to make up for the shortfall in state revenues, based on a fixed growth projection.
One major contributor is the auto sector. The GST Compensation Cess on cars depends on engine size and fuel type. Bigger, more polluting vehicles attract a higher cess, while electric and cleaner vehicles are taxed less.
TMWala can help you navigate cess calculations, file returns accurately, and avoid costly errors through a streamlined GST compliance solution tailored for Indian businesses.