CHAPTER - I
|
Year | Budget estimates | Revised budget estimates |
Actual receipts | Difference between actual receipts and budget estimates |
Percentage variation |
1998-99 | 57,690 | 53,200 | 53,053 | (-) 4637 | (-) 8.04 |
1999-2000 | 63,565 | 60,731 | 61,672 | (-) 1893 | (-) 2.98 |
2000-01 | 70,967 | 70,399 | 68,282 | (-) 2685 | (-) 3.78 |
2001-02 | 81,720 | 74,520 | 72,306 | (-) 9414 | (-) 11.52 |
2002-03 | 91,141 | 86,993 | 82,041 | (-) 9100 | (-) 9.98 |
* Figure furnished by Principal Chief Controller of Accounts (Central Board of Excise and Customs).
The actual collections fell short of the budget estimates as well as the revised estimates year after year. Despite this the government continued to make optimistic projections during presentation of the annual budget. The budget estimate 2002-03 was pitched at Rs.91,141 crore, an increase of 11.5 per cent over budget estimates, 22 per cent over revised estimate and 26 per cent over actuals of 2001-02. The collections fell short of the budget estimates by Rs.9,100 crore or 9.98 per cent and short of revised estimates by Rs.4,952 crore or 5.6 per cent in 2002-03.
The value of output from the manufacturing sector vis-a-vis receipt of central excise duties through Personal Ledger Account (cash collection) during the years 1992-93 to 2002-03 are as follows:
Year | Value of output | Central excise | Percentage of central excise receipts to value of production |
1992-93 | 345204 | 30614 | 8.87 |
1993-94 | 390561 | 31548 | 8.08 |
1994-95 | 479717 | 37208 | 7.76 |
1995-96 | 597354 | 40009 | 6.70 |
1996-97 | 661613 | 44818 | 6.77 |
1997-98 | 720410 | 47763 | 6.63 |
1998-99 | 794465 | 53053 | 6.68 |
1999-2000 | 861200 | 61672 | 7.16 |
2000-01 | 909427 | 68282 | 7.50 |
2001-02 | 934891 | 72306 | 7.73 |
2002-03 | 991919 | 82041 | 8.27 |
* Includes value of all goods produced during the given period including net increase in work-in-progress and products for use on own account. Valuation is, at producers values, that is the market price at the establishment of the producers. As separate figures of value of production by small scale industry units and for export production were not available, these have not been excluded from the value of output indicated. Value of output for the year 2002-03 is based on estimates. Source : Central Statistical Organisation (Government of India).
The above table reveals that while value of output had increased by a factor of 2.87 during the period 1992-93 to 2002-03, the corresponding increase in the central excise receipts was by a factor of 2.68.
A comparative statement showing the details of central excise duty paid through Personal Ledger Account (PLA) and the amount of Modvat/Cenvat availed during the year 1992-93 to 2002-03 is given in the following table:
Year | Central excise duty paid through PLA |
Modvat/Cenvat availed | Percentage of Modvat/Cenvat to duty paid through PLA |
||
Amount | Percentage increase | Amount | Percentage increase | ||
1992-93 | 30614 | 8.91 | 10840 | 36.09 | 35.40 |
1997-98 | 47763 | 6.57 | 35164 | 2.75 | 73.62 |
1998-99 | 53053 | 11.07 | 35489 | 0.92 | 66.89 |
1999-2000 | 61672 | 16.25 | 41230 | 16.18 | 66.85 |
2000-01 | 68282 | 10.72 | 44986 | 9.11 | 65.88 |
2001-02 | 72306 | 5.89 | 47509 | 5.61 | 65.71 |
2002-03 | 82041 | 13.46 | 53039 | 11.64 | 64.65 |
The above table shows that while the central excise receipts had grown by 2.68 times during the decade 1992-93 to 2002-03, the increase in Modvat/Cenvat availed during the relevant period had been 4.89 times.
The expenditure incurred during the year 2002-03 in collecting central excise duty alongwith the corresponding figure for the preceding four years is given below:-
Year | Receipts from excise duty | Expenditure on collection | Cost of collection as
percentage of receipts |
||
Amount | Percentage increase over previous year |
Amount | Percentage increase over previous year |
||
1998-99 | 53053 | 11.07 | 547.23 | 14.10 | 1.03 |
1999-2000 | 61672 | 16.25 | 584.82 | 6.87 | 0.95 |
2000-01 | 68282 | 10.72 | 615.84 | 5.30 | 0.90 |
2001-02 | 72306 | 5.89 | 635.79 | 3.24 | 0.88 |
2002-03 | 82041 | 13.46 | 702.55 | 10.50 | 0.86 |
* Figure furnished by Principal Chief Controller of Accounts (Central Board of Excise and Customs).
The number of cases and amount involved in demands for excise duty outstanding for adjudication/recovery as on 31 March 2002 and 31 March 2003 are as follows :
As on 31 March 2002 | As on 31 March 2003 | ||||||||
Number of cases | Amount | Number of cases | Amount | ||||||
More than five years | Less than five years | More than five years | Less than five years | More than five years | Less than five years | More than five years | Less than five years | ||
(a) | Pending with Adjudicating officers | 1379 | 25263 | 600.30 | 9155.10 | 1074 | 22841 | 265.01 | 20827.58 |
(b) | Pending before | ||||||||
(i) | Appellate Commissioners | 1457 | 20034 | 8420.84 | 13808.80 | 1339 | 19468 | 414.23 | 3063.30 |
(ii) | Board | 206 | 105 | 18.51 | 55.00 | 32 | 34 | 0.46 | 2.65 |
(iii) | Government | 57 | 30 | 1.57 | 19.46 | 171 | 97 | 3.38 | 17.41 |
(iv) | Tribunals | 2126 | 6650 | 8530.25 | 6426.11 | 1781 | 6725 | 721.36 | 7429.94 |
(v) | High Courts | 746 | 1710 | 1370.08 | 1184.65 | 696 | 1403 | 916.21 | 1094.60 |
(vi) | Supreme Court | 136 | 376 | 326.73 | 2399.50 | 150 | 333 | 119.38 | 420.21 |
(c) | Pending for coercive recovery measures | 1946 | 7181 | 271.94 | 2031.44 | 4449 | 6682 | 271.89 | 927.88 |
Total | 8053 | 61349 | 19540.22 | 35080.06 | 9692 | 57583 | 2711.92 | 33783.57 |
* Figure furnished by the Ministry of Finance (the Ministry) and relates to 92 Commissionerates
A total of 67275 cases involving duty of Rs.36495.49 crore were pending as on 31 March 2003 with different authorities.
The position of fraud/presumptive fraud cases alongwith the action taken by the Department against the defaulting assessees during the period 2000-01 and 2002-03 is depicted in the following table :
Year | Cases detected | Demand of duty raised |
Penalty imposed | Duty collected | Penalty collected | |||
Number | Amount | Amount | Number | Amount | Amount | Number | Amount | |
2000-01 | 1475 | 2140.02 | 1568.90 | 322 | 48.40 | 266.74 | 89 | 6.64 |
2001-02 | 1454 | 897.53 | 306.52 | 264 | 33.49 | 19.48 | 99 | 1.47 |
2002-03 | 1705 | 1565.30 | 513.03 | 142 | 476.15 | 76.28 | 84 | 0.24 |
Total | 4634 | 4602.85 | 2388.45 | 728 | 558.04 | 362.50 | 272 | 8.35 |
* Figure furnished by the Ministry and relates to 92 Commissionerates
The above data reveals that while a total of 4634 cases of fraud/presumptive fraud were detected during the years 2000-03 by the Department, involving a duty of Rs.4602.85 crore, the Department raised a demand of Rs.2388.45 crore only and recovered Rs.362.50 crore (15.17 per cent) out of it. Similarly, out of penalty of Rs.558.04 crore imposed, the Department recovered only Rs.8.35 crore (1.49 per cent).
Commodities which yielded revenue of more than Rs.1000 crore during 2002-03 alongwith corresponding figures for 2001-02 are as follows :
Sl. No. | Commodity | 2001-02 (Actual) | 2002-03 (Actual) | Percentage variation of actual over previous year |
Percentage share in total collection |
1. | Refined diesel oil | 11028.45 | 10349.86 | (-) 6.15 | 11.90 |
2. | Motor spirit | 8500.87 | 11566.11 | 36.05 | 13.30 |
3. | Cigarettes and cigarillos of tobacco or tobacco substitutes | 5059.51 | 5049.11 | (-) 0.22 | 5.81 |
4. | Iron & steel | 4665.12 | 5885.01 | 26.14 | 6.77 |
5. | Cement, clinkers, cement all sorts | 3152.56 | 3440.63 | 9.13 | 3.96 |
6. | All other goods falling under chapter 27 (mineral fuels, oil etc.) | 2878.34 | 3511.92 | 22.01 | 4.04 |
7. | Motor cars and other vehicles | 2423.32 | 2483.66 | 0.35 | 2.86 |
8. | All other goods falling under chapter 84 (machinery, mechanical appliances etc.) | 1716.29 | 1911.70 | 11.38 | 2.20 |
9. | Plastics and article thereof | 1650.93 | 1851.63 | 12.15 | 2.13 |
10. | Petroleum gases and other gaseous hydrocarbons | 1542.04 | 2442.61 | 58.40 | 2.81 |
11. | All other goods falling under chapter 87 (motor vehicles other than at serial no.7) | 1533.79 | 1720.59 | 15.29 | 1.98 |
12. | Pharmaceutical products | 1424.60 | 1418.96 | (-) 0.39 | 1.63 |
13. | Organic chemical | 1309.63 | 1609.01 | 22.85 | 1.85 |
14. | Synthetic filament yarn | 1220.03 | 1304.49 | 6.92 | 1.50 |
15. | Diesel oil, not elsewhere specified | 1178.67 | 1254.58 | 6.44 | 1.44 |
16. | Cane or beet sugar | 1160.02 | 1275.93 | 9.99 | 1.47 |
17. | Tyres, tubes and flaps | 1122.14 | 1123.38 | 0.11 | 1.29 |
18. | Paper and paper board, articles of paper pulp | 1054.75 | 1173.64 | 9.46 | 1.35 |
19. | Public transport type passenger motor vehicles and motor vehicles for the transport of goods | 748.87 | 1015.52 | 1.17 | |
20. | Kerosene | 699.45 | 1390.39 | 98.78 | 1.60 |
* Figure furnished by the Ministry.
The above table reveals that there was a shortfall in collection of revenue during 2002-03 in refined diesel oil, cigarettes and cigarillos of tobacco or tobacco substitutes and pharmaceutical products of (-) 6.15, (-) 0.22 and (-) 0.39 per cent respectively over previous year.
This section contains two reviews ‘Call book’ and ‘Determination of assessable value under new section 4 (transaction value)’. The revenue implication is Rs.7040.39 crore. Besides, there are 166 paragraphs, featured individually or grouped together, arising from test check of records maintained in departmental offices and the premises of the manufacturers pointing out leakage of revenue aggregating Rs.1445.59 crore. Of these the concerned Ministries/Department had (till December 2003) accepted audit observations in 133 paragraphs involving Rs.287.61 crore and recovered Rs.32.82 crore. In 166 cases, based on available information, statutory audit detected objections in 157 units where internal audit had already been done.