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[F. No. S-31011/11/2022-ST-II-DOR]
MINISTRY OF FINANCE
(Department of Revenue)
New Delhi, the 24th June, 2022
Notification No. 1/2022 – Compensation Cess: Seeks to bring into force the Goods and Services Tax (Period of Levy and Collection of Cess) Rules, 2022
G.S.R. 468(E).—In exercise of the powers conferred by sub-section (2) of section 12 read with section 8 of the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017), the Central Government on the recommendations of the Council hereby makes the following rules, namely:-
Short title and commencement GST. -
- (1) These rules may be called the Goods and Services Tax (Period of Levy and Collection of Cess) Rules, 2022.
(2) They shall come into force with effect from the 1st day of July, 2022.
Period for levy and collection of Cess.-
2. The period for levy and collection of cess under sub-section (1) of section 8 of the Goods and Services Tax (Compensation to States) Act, 2017 shall be upto the 31st March, 2026.
MAHENDRA NATH, Under Secy.
📚 Frequently Asked Questions (FAQs): Notification No. 01/2022 - Compensation Cess
Q1: What is Notification No. 01/2022 – Compensation Cess?
Answer:
This notification brings into force the Goods and Services Tax (Period of Levy and Collection of Cess) Rules, 2022. It outlines the framework for continuing the levy and collection of Compensation Cess under GST.
Q2: Why was the Compensation Cess extended under this notification?
Answer:
The GST Compensation Cess was extended to help States meet revenue shortfalls due to GST implementation. This ensures financial stability for States, as recommended by the GST Council.
Q3: What are the key provisions of the GST (Period of Levy and Collection of Cess) Rules, 2022?
Answer:
Defines the period for which Compensation Cess will continue.
Specifies categories of goods and services on which cess applies.
Provides compliance rules for businesses supplying such goods/services.
Q4: Which goods and services attract Compensation Cess under GST?
Answer:
Compensation Cess applies mainly to luxury goods and sin goods such as:Tobacco products 🚬
Aerated drinks 🥤
Motor vehicles 🚗
Coal and lignite ⛏️
Q5: From when is Notification No. 01/2022 – Compensation Cess effective?
Answer:
The rules under this notification are effective from 1st July 2022 (or as specified in the official text), ensuring continuity in cess collection.
Q6: How does this impact GST-registered businesses?
Answer:
Businesses dealing in goods/services liable for cess must:
Correctly apply cess rates on invoices.
File GST Returns including cess liability.
Maintain compliance records as per the 2022 Rules.
Q7: Is Compensation Cess eligible for Input Tax Credit (ITC)?
Answer:
No. Compensation Cess is not available as ITC to offset against output GST liability (except in specific export-related cases). Businesses must pay cess in cash or through accumulated credits of Compensation Cess itself.
Q8: How long will the Compensation Cess continue under GST?
Answer:
As per the GST Council’s recommendation, the cess will continue till March 2026 to allow repayment of borrowings made for State compensation during the COVID-19 pandemic.
Q9: What compliance support is available for businesses under this notification?
Answer:
Businesses can seek professional support from Finodha GST Experts for:
GST Registration in Union Territories or States.
Income Tax Return filing.
Private Limited Company Registration.
Digital Signature Certificate.
Q10: Why is Notification No. 01/2022 – Compensation Cess important?
Answer:
It ensures a legal framework for the continuation of GST Compensation Cess. Without it, States would face severe revenue shortages, and businesses would lack clarity on cess applicability.
Download PDF: Notification No. 01/2022 - Compensation Cess
More Information: https://taxinformation.cbic.gov.in/
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