Section 8 of the GST (Compensation to States) Act, 2017

From the IndiaAuditLens Law Library

GST›GST (Compensation to States) Act, 2017

Parts of this section are overridden by Section 8A; read it with that provision.

At a glance

Bars, duties and time limits

  • 8(1) provisoNo cess is leviable on supplies by a taxable person who has opted for composition levy under section 10 of the CGST Act.

Procedure, powers and definitions

  • 8(1)Cess is levied on intra-State supplies under section 9 of the CGST Act and inter-State supplies under section 5 of the IGST Act, for compensation to States, for five years or a period prescribed on the Council’s recommendations; collection follows the prescribed manner.
  • 8(2)The Central Government may, on the Council’s recommendations and by Gazette notification, specify cess on supplies in Schedule column (2), based on value, quantity or another basis, at a rate not exceeding the corresponding column (4) rate.
  • 8(2) first provisoValue-based cess uses the value determined under section 15 of the CGST Act for intra-State and inter-State supplies.
  • 8(2) second provisoCess on imported goods is levied and collected under section 3 of the Customs Tariff Act, 1975, when customs duties are levied under section 12 of the Customs Act, 1962; valuation follows the Customs Tariff Act, 1975.
  • 8; 8ASection 8A overrides the levy where the Government directs non-recovery for supplies affected by a generally prevalent practice.

Cess applies to the specified intra-State and inter-State supplies to compensate States for revenue loss from goods and services tax. Section 10 of the CGST Act exempts supplies by persons opting for composition levy. The Schedule and notified rates govern the levy, with separate valuation and import rules. Section 8A overrides this levy through the Government’s power concerning generally prevalent practice.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 8, verbatim (show)

Section 8. Levy and collection of cess .

(1) There shall be levied a cess on such intra-State supplies of goods or services or both, as provided for in section 9 of the Central Goods and Services Tax Act, and such inter-State supplies of goods or services or both as provided for in section 5 of the Integrated Goods and Services Tax Act, and collected in such manner as may be prescribed, on there commendations of the Council, for the purposes of providing compensation to the States for loss of revenuearising on account of implementation of the goods and services tax with effect from the date from which the provisions of the Central Goods and Services Tax Act is brought into force, for a period of five years or for such period as may be prescribed on there commendations of the Council:

Provided that no such cess shall be leviable on supplies made by a taxable person who has decided to opt for composition levy under section 10 of the Central Goods and Services Tax Act.

(2)The cess shall be levied on such supplies of goods and services as are specified in column (2) of the Schedule, on the basis of value, quantity or on such basis at such rate not exceeding the rate set for thin the corresponding entry in column (4) of the Schedule, as the Central Government may, on the recommendations of the Council, by notification in the Official Gazette, specify:

Provided that where the cess is chargeable on any supply of goods or services or both with reference to their value, for each such supply the value shall be determined under section 15 of the Central Goods and Services Tax Act for all intra-State and inter-State supplies of goods or services or both:

Provided further that the cess on goods imported into India shall be levied and collected in accordance with the provisions of section 3 of the Customs Tariff Act, 1975, at the point when duties of customs are levied on the said goods under section 12 of the Customs Act,1962, on a value determined under the Customs Tariff Act, 1975.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Domestic levy categories 8(1)

Questions to answer on the file3 questions
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Collection and notified levy period evidence 8(1)

Questions to answer on the file4 questions
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Notified Schedule rate within ceiling 8(2)

Questions to answer on the file7 questions
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Domestic value basis 8(2) first proviso

Questions to answer on the file3 questions
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Import valuation and collection point 8(2) second proviso

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Provisions connected to Section 8
ProvisionConnectionWords that tie them
Section 9 of the CGST Act, 2017this provision requires Section 9 of the CGST Act, 2017section 9 of the Central Goods and Services Tax Act
Section 5 of the IGST Act, 2017this provision requires Section 5 of the IGST Act, 2017section 5 of the Integrated Goods and Services Tax Act
Section 10 of the CGST Act, 2017this provision exception in Section 10 of the CGST Act, 2017opt for composition levy under section 10
Section 15 of the CGST Act, 2017this provision requires Section 15 of the CGST Act, 2017value shall be determined under section 15
Schedulethis provision requires Schedulecorresponding entry in column (4) of the Schedule
Section 8Athis provision overridden by this provisionANotwithstanding anything contained in this Act

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (3)

NumberDateSubject
Circular No. 192/04/2023-GST17 July 2023Clarification on charging of interest under section 50(3) of the CGST Act, 2017, in cases of wrong availment of IGST credit and reversal thereof.
Circular No. 45/19/2018-GST30 May 2018Clarification on refund related issues. Rescinded vide Circular No. 125/44/2019 - GST dated 18.11.2019. rescinded by a later instrument
Circular No. 1/01/2017-Compensation Cess26 July 2017Seeks to provide clarification regarding applicability of section 16 of the IGST Act, 2017, relating to zero rated supply for the purpose of Compensation Cess on exports.
Notifications (21)
NumberDateSubject
Notification No. 03/2025-Compensation Cess (Rate)31 December 2025Seeks to amend Notification 01/2025- Compensation Cess Tax (Rate), to prescribe GST rates on tobacco products. made under this section
Notification No. 02/2025-Compensation Cess (Rate)17 September 2025Seeks to amend Notification No. 1/2017- Compensation Cess (Rate) dated 28.06.2017. made under this section
Notification No. 01/2025-Compensation Cess (Rate)16 January 2025Seeks to prescribe Compensation cess rate of 0.1% on supply of taxable goods by a registered supplier to a registered recipient for export subject to specified conditions.
Notification No. 01/2024-Compensation Cess (Rate)12 July 2024Seeks to provide exemption from Compensation Cess on supplies under heading 2202 by URCs to authorised customers.
Notification No. 03/2023-Compensation Cess (Rate)26 July 2023Seeks to amend No. 1/2017- Compensation Cess(Rate) to implement the decisions of 50th GST Council. made under this section
Notification No. 02/2023-Compensation Cess (Rate)31 March 2023Seeks to further amend notification No. 1/2017-Compensation Cess (Rate), dated 28th June, 2017. made under this section
Notification No. 01/2023-Compensation Cess (Rate)28 February 2023Seeks to amend notification no. 1/2017- Compensation Cess (Rate), dated 28.06.2017 made under this section
Notification No. 01/2022-Compensation Cess24 June 2022Seeks to bring into force the Goods and Services Tax (Period of Levy and Collection of Cess) Rules, 2022 made under this section
Notification No. 02/2021-Compensation Cess (Rate)28 December 2021Seeks to amend Notification No 1/2017- Compensation Cess (Rate) dated 28.06.2017. made under this section
Notification No. 01/2021-Compensation Cess (Rate)30 September 2021Seeks to amend notification No. 1/2017- Compensation Cess(Rate). made under this section
Notification No. 02/2019-Compensation Cess (Rate)30 September 2019Seeks to amend notification No. 1/2017-Compensation Cess (Rate), dated 28.6.2017 on the recommendations of the GST Council in its 37th meeting dated 20.09.2019. made under this section
Notification No. 01/2019-Compensation Cess (Rate)29 June 2019Exempts any supply of goods by a retail outlet established in the departure area of an international airport, beyond the immigration counters, to an outgoing international tourist.
Notification No. 02/2018-Compensation Cess (Rate)26 July 2018Seeks to amend Notification No. 1/2017 -Compensation Cess (Rate) dated 28.06.2017 togive effect to the recommendations of the GST Council in it's 28th meeting held on 21.07.2018 made under this section
Notification No. 01/2018-Compensation Cess (Rate)25 January 2018seeks to amend Notification No.1/2017-Compensation Cess (Rate). made under this section
Notification No. 06/2017-Compensation Cess (Rate)13 October 2017Seeks to amend notification No. 2/2017-Compensation Cess (Rate) regarding reduction in cess rates for leasing of motor vehicles purchased and leased prior to 01.07.2017. made under this section
Notification No. 07/2017-Compensation Cess (Rate)13 October 2017Seeks to prescribe compensation cess rate on the leasing of motor vehicles made under this section
Notification No. 05/2017-Compensation Cess (Rate)11 September 2017The notification amends the rates of compensation cess on various motor vehicles. made under this section
Notification No. 04/2017-Compensation Cess (Rate)20 July 2017Seeks to exempt intra-State supplies of second hand goods received by a registered person, dealing in buying and selling of second hand goods and who pays the goods and services tax compensation cess on the value of outward supply of such second hand goods, as determined under sub-rule (5) of rule 32 of the Central Goods and Services Tax Rules, 2017, from any supplier, who is not registered, from the whole of the goods and services tax compensation cess leviable thereon under section 8 of the Goods and Services Tax (Compensation to States) Act, read with sub-section (4) of Section 9 of the Central Goods and Services Tax Act
Notification No. 03/2017-Compensation Cess (Rate)18 July 2017Seeks to amend notification No. 1/2017- Compensation Cess (Rate), dated 28th, June, 2017 so as to increase the Compensation Cess rates on cigarettes as mentioned in the notification with effect from 18th, July, 2017 made under this section
Notification No. 01/2017-Compensation Cess (Rate)28 June 2017Seeks to notify Rates of goods and services tax compensation cess under Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017). amended by a later instrument made under this section
Notification No. 02/2017-Compensation Cess (Rate)28 June 2017To notify the rates of compensation cess on supply of specified services amended by a later instrument made under this section

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 8. Levy and collection of cess". Goods and Services Tax (Compensation to States) Act, 2017, CBIC tax information portal. Retrieved 17 September 2026.

External links