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What does 35% cess on apples mean to Kashmir fruit industry? Special ZT Report

By: Sameer Ahmed

Srinagar, Feb 2: How is the 35% customs-based cess introduced on apples going to impact Kashmir apple industry?

Ever since the announcement of the cess on apples in the Budget Speech by Finance Minister, Nirmala Sitharaman, people associated with Kashmir’s apple industry are curious to know how this move could impact the competitiveness of Kashmir apples and their business.

Ziraat Times has engaged with several budget and finance experts, analyzed the customs duties regime on apples and the novel move of introducing a cess. Here are the three scenarios that have emerged from the analysis, and how they could impact Kashmir apple business.

India’s apple produce and imports

According to Ministry of Commerce initial estimates, during fiscal year 2020, India’s total apple production for the year was 2.7 million metric tons. Jammu and Kashmir produced a large majority of these apples, followed by Himachal Pradesh and other states.
Top 10 apple producing states in India (ZT graphic)
However, not all of the apples produced in J&K and Himachal are consumed in India. Here is a chart from official sources showing which countries apples from India, mainly from J&K, are exported to.
The quantum of India’s apple exports, mainly from Kashmir, to various counties.
India’s apple imports:
India imports significant quantities of apples for domestic consumption from several countries. Officials at the Commerce Ministry told Ziraat Times that while most of the imports are through regular importing channels from their countries of origin, some apples also slip into India from non origin countries, ‘which the ministry is determined to plug.’
After 330,000 tonnes apple imports in 2017, India’s apple imports declined by 15 per cent to 280,000 tonnes in 2018. According to Commerce Ministry’s data, India has now become Asia’s largest apple importer since opening its doors to imported fruits 20 years ago.
Top apple producing countries in the world.
Today, the US is the largest source of the apples imported to India. Prior to recent Ladakh tensions, the US, China and Chile accounted for around 80% of the apples that came into the country. However, after the union government recently put curbs on Chinese apples, imports from China have almost come to zero.
This means apple imports are now coming from the US, Chile, New Zealand, Iran and Afghanistan.

So why the 35% cess on apples?

In her budget speech, Nirmala Sitharaman announced the imposition of an Agriculture Infrastructure and Development Cess which will be charged at the rate of 35% on apples on the customs side.

On the other hand, basic customs duty rates have been cut on apple imports by 15%.

So what does this mean for the competitiveness of Kashmir apples?

Major exporters of Kashmir apples informed Ziraat Times that they were yet to grasp the full impact of this measure on the cost of imported apples into India and competitiveness of Kashmir apples in the country’s markets.

Based on wide consultations with apple exporters, government officials, traders and industry watchers, Ziraat Times comes up with the following three possible scenarios that could play after the introduction of the cess on apples.

Scenario 1:

Some financial experts believe that this measure is only intended to earn some additional revenue for the Union government. Since cess is not supposed to be shared with states, in contrast to import duties, the Union government wants to bolster its revenues to come up with a stronger spending intervention to address the farmers’ agitation.

Payaswini Upadhyay echoed similar views in Bloomberg on Tuesday, “Revenue collected from basic customs duty goes into the Consolidated Fund of India, which gets divided between the central government and the states. But any revenue collected on account of cess goes to only the central government.”

Pratik Jain, indirect tax partner at PwC India, agrees, “While a portion of basic customs duty goes to the states, cess revenue lies solely with the central government, to be used for a specific purpose (agricultural infrastructure in this case), Jain pointed out.”

For most of these items, the final price is unlikely to vary, Ritesh Kanodia, indirect tax partner at Dhruva Advisors, said.

That means, in this scenario, business prospects of Kashmir apples would remain unchanged in the short term.

Scenario 2:

Another scenario, that some experts believe could play out would result in higher cost of imported apples and, as a consequence, result in a dip in imports.

That could mean the demand and price for Kashmir and Himachal apples would go up and their export to countries like Bangladesh, Nepal and UAE would go down.

Pertinently, as per the trade agreement in the WTO arbitration, other countries cannot impose more than 50 per cent import duty.
“That is why the Center has taken a new route by imposing 35 percent cess”, Dr. Rakesh Sharma, Economist working in Hipa, Shimla, believes.

In this scenario Kashmir and Himachal apples could be consumed domestically more, leading to less exports and, potentially, lower earnings for exporters.

Scenario 3:

Faiz Bakshi, former KCCI president and Srinagar-based eminent lawyer has his own take on the matter.
“The 35% Cess is surely on imported apples but on the other hand the duty on imports had been reduced by 35% on non – American imports and 55% on Apple imports from USA. Despite levying Cess of 35% the imports have become cheaper by more than 30 – 50 %. That does not help local apple growers”, he told Ziraat Times.
Going further, Mr Faiz said, “Hitherto, the duty on apples was 50% which has been reduced to 15%. In case of USA it was 70 % ( 50+20).
In one case (Applicable till 1-2-21), apple FOB (Freight on Board) to India would mean, if we were to consider basic cost (per kg) of Rs. 100 + Duty of Rs. 50, the total cost after import will be Rs 150 (per kg).
In case 2, (wef 2/2/21), if basic cost is Rs 100 + Duty 15, total cost will be Rs 115 (per kg).
With 35% Cess on Duty (05.25), the total cost could be Rs 120.25
“It means imports have become cheaper by about Rs. 30 despite 35% Cess. In case of USA it has become cheaper by about Rs. 50”, he adds.

In this secario, the imported apples to India could get cheaper.

Narendra Safaya, an eminent lawyer believes that the cess collected on imported apples would ultimately be used for the development of horticulture infrastructure in J&K.

 

“There is no GST on apples. The custom duty is applicable on imported apples. The cess is on imported apples. The cess goes to improving agriculture infrastructure for apples. This cess collected from imported apples will be invested in apple producing states. J&K will get benefited. The custom duty goes to consolidated funds income of country while as cess to the air marked sector in this case apple infrastructure development”, he said.

 

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