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GST Compensation Cess Act — Luxury & Demerit Goods Surcharge

The GST (Compensation to States) Act, 2017 levies additional cess on luxury and sin goods — motor vehicles, tobacco, aerated waters, coal, and pan masala. Originally meant to compensate states for 5 years (2017–2022), the cess now continues to repay COVID-era borrowings until March 2026.

Covered Items
5 Categories
Max Cess
290%+
Separate ITC
Cess → Cess
Ends
March 2026

Compensation Cess Rates — Key Items

CategoryHSNCess RateTotal Burden
Coal, briquettes, ovoids2701–2703₹400 per tonne5% GST + ₹400/tonne Cess
Aerated waters (sugary beverages)220212%28% GST + 12% Cess = 40%
Pan masala2106 90 20135%28% GST + 135% Cess = 163%
Tobacco products — cigarettes2402Up to ₹4,170 per 1000 + 290%28% + specific + ad valorem cess
Tobacco — chewing, snuff2403Up to 160%28% GST + up to 160% Cess
Motor vehicles — SUVs (>4m, >1500cc)870322%28% GST + 22% Cess = 50%
Motor vehicles — Mid-segment (1200–1500cc)870317%28% GST + 17% Cess = 45%
Motor vehicles — Small cars (<1200cc, <4m)87031% or 3%28% GST + 1–3% Cess = 29–31%
Motor vehicles — Hybrid electric870315%28% GST + 15% Cess = 43%
Motor vehicles — Luxury (>Rs 10 lakh)870320%28% GST + 20% Cess = 48%

Compensation Cess Timeline

July 2017

GST Compensation Cess introduced as part of GST rollout

2017–2020

Cess collected and distributed to states to compensate for revenue loss

2020–2021

COVID-19 caused cess shortfall; Centre borrowed ₹1.1 lakh crore via back-to-back loans to states

June 2022

Original 5-year compensation period ended. States no longer receive compensation grants

July 2022–March 2026

Cess continues to be collected solely to repay COVID borrowings

March 2026

GST Compensation Cess scheduled to end. Repayment of COVID-era borrowings expected to be completed

Compensation Cess FAQs

What is GST Compensation Cess?

GST Compensation Cess is an additional tax levied on specified luxury and demerit goods under the GST (Compensation to States) Act, 2017. It was introduced to compensate states for revenue losses during the first 5 years of GST (July 2017 – June 2022), as states gave up their power to levy many indirect taxes. The cess is over and above the 28% GST rate.

Which goods attract Compensation Cess?

Compensation Cess applies to: (1) Pan masala (135%), (2) Tobacco products (up to 290% + specific), (3) Aerated waters (12%), (4) Motor vehicles — SUVs, luxury cars, mid-segment (1%–22%), (5) Coal and related products (₹400/tonne). These are classified as luxury or sin/demerit goods. Essential goods do NOT attract compensation cess.

Is the 5-year compensation period over?

Yes. The original 5-year compensation period ended in June 2022. However, the Compensation Cess CONTINUES to be collected beyond June 2022 specifically to repay the ₹2.69 lakh crore borrowed during COVID-19 (2020–2022) via back-to-back loans. The cess is expected to continue until March 2026 to clear this debt.

Can ITC of Compensation Cess be claimed?

Yes, but only against Compensation Cess liability. ITC of Compensation Cess CANNOT be used to pay CGST, SGST, or IGST. Similarly, ITC of CGST/SGST/IGST cannot be used to pay Compensation Cess. It is a completely separate credit pool. This is specified in Section 11 of the GST Compensation Cess Act.

What happens after Compensation Cess ends?

When the cess ends (expected March 2026), goods currently attracting cess will only bear the base GST rate (mostly 28%). The GST Council may restructure rates — possibly introducing a new slab or adjusting the 28% slab — to maintain revenue neutrality. This is a major policy decision pending GST Council deliberation.

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