Section 5A:
Imposition of cess on textiles and textile machinery manufactured in India.
1[5A. Imposition of cess on textiles and textile machinery manufactured in India.--(1) There
shall be levied and collected as a cess for the purposes of this Act a duty of excise on all textiles and on
all textile machinery manufactured in India at such rate, not exceeding one per cent. ad valorem as the
Central Government may, by notification in the Official Gazette, fix:
Provided that no such cess shall be levied on textiles manufactured from out of handloom or
powerloom industry.
(2) The duty of excise levied under sub-section (1) shall be in addition to any cess or duty leviable on
textiles or textile machinery under any other law for the time being in force.
(3) The duty of excise levied under sub-section (1) shall be collected by the Committee, in accordance
with the rules made in this behalf, from every manufacturer of textiles or textile machinery
(hereinafter in this section and in sections 5C and 5D referred to as the manufacturer).
(4) The manufacturer shall pay to the Committee the amount of the duty of excise levied under
sub-section (1) within one month from the date on which he receives a notice of demand therefore from
the Committee.
(5) For the purpose of enabling the Committee to assess the amount of the duty of excise levied under
sub-section (1),--
(a) the Committee shall, by notification in the Gazette of India, fix the period in respect of which
assessments shall be made; and
(b) every manufacturer shall furnish to the Committee a return, not later than fifteen days after the
expiry of the period to which the return relates, specifying the total quantity of textiles or textile
machinery manufactured by him during the said period and such other particulars as may
be prescribed.
(6) If any manufacturer fails to furnish the return referred to in sub-section (5) within the time
specified therein, or furnishes a return which the Committee has reason to believe is incorrect or
defective, the Committee may assess the amount of the duty of excise in such manner as may
be prescribed.
(7) Any manufacturer aggrieved by an assessment made under this section may appeal to the
Tribunal, constituted under section 5B for cancellation or modification of the assessment.]
Notes:
1. Ins. by Act 51 of 1973, s. 6 (w.e.f. 1-1-1975).