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        Case ID :
        Customs, DGFT & SEZ

        Payment of R&D CESS

        March 13, 2009

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        EXTRACTS FROM RELEVANT SECTIONS/CLAUSES OF R&D CESS ACT, 1986 (AS AMENDED IN 1995) AND R&D CESS RULES 1996 AND OTHER USEFUL INFORMATION.

        The TDB is the first organisation of its kind within the government framework with the sole objective of commercialising the fruit of indegenous research. The Board plays a pro active role by encouraging enterprises to take up technology oriented products.

        1. Rate of CESS - Under Section (3) of the said Act, a CESS @ 5% is levied on all payments made towards the import of technology For the purpose of levy of CESS, "payment" shall include:

      • Payment made towards import of technology as approved by the Central Government in terms of any foreign collaboration agreement, or approved in accordance with the Industrial Policy of the Government of India, in force, from time to time;
      • Payment made towards the cost of drawings and designs in terms of any foreign collaboration agreement as approved by the Central Government or approved in accordance with the Industrial Policy of the Government of India, in force, from time to time;
      • Payment made to foreign collaborators or to any other person for or in connection with deputation of technical personal to India in terms of any foreign collaboration agreement, in accordance with the approval granted by the Central Government or approved in accordance with the Industrial Policy of the Government of India, in force, from time to time;
      • Any other payment made towards the import of technology approved by the Central Government.
      • 2. Challan and Head of Account for Remittance

        The fee payable can be deposited through Challan Form TR-6, with Reserve Bank of India or State Bank of India, Union Bank of India (authorised Branches) under Central Government Account (Receipt & Payment) Rules, 1983 under following head of account:

        Major Head - 0045 - Other Taxes & Duties on Commodities and Services.

        Minor Head - 117 - Receipts under R&D CESS Act, 1986.

        Accounts Officer:-

        Pay & Accounts Office
        Department of Science & Technology,
        A-Wing, Ground Floor, Vishwakarma Bhavan,
        Shaheed Jit Singh Marg,
        New Delhi - 110 016

        R&D cess on import of technology payments must be remitted via prescribed challan to specified Central Government accounts. The R&D cess applies to payments for import of technology approved by the Central Government or under the Industrial Policy, including fees for technology, cost of drawings and designs, and payments for deputation of technical personnel; remittance must be made via Challan Form TR-6 through authorised banks to Central Government accounts under Major Head 0045 and Minor Head 117.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                R&D cess on import of technology payments must be remitted via prescribed challan to specified Central Government accounts.

                                The R&D cess applies to payments for import of technology approved by the Central Government or under the Industrial Policy, including fees for technology, cost of drawings and designs, and payments for deputation of technical personnel; remittance must be made via Challan Form TR-6 through authorised banks to Central Government accounts under Major Head 0045 and Minor Head 117.





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                                ActsIncome Tax
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