According to the amendment, the maximum GST compensation cess rate for pan masala will be 51% of the retail sale price per unit, from the current cess charge at 135% ad valorem. The rate for tobacco has been fixed at Rs 4,170 per thousand sticks plus 290% ad valorem or 100% of the retail sale price per unit.

The cess is levied over and above the highest Goods and Services Tax (GST) rate of 28%, as per PTI reports. 

Changes in schedule-I of GST compensation cess Act, brought in via amendment in the Finance Bill, have capped the maximum cess that can be charged on Pan masala and tobacco products.

However, tax experts said to ascertain the exact compensation cess applicable following this change, the GST council will need to issue a notification.

AMRG & Associates Senior Partner Rajat Mohan said the latest amendment in the GST Compensation cess law is an enabler that will permit the GST council to introduce applicable tax rates through a notification, PTI reported. 

"This change marks a significant shift in taxation policy for pan masala and tobacco-supplying companies. Though this policy will arrest tax evasion to a great extent in this sector, it still may prove to be a regressive plan from an economic standpoint," Mohan said.

In February, the GST Council chaired by Union Finance Minister Nirmala Sitharaman and comprising state counterparts, had approved the report of a panel of state finance ministers on plugging tax evasion in pan masala and gutkha businesses.

The GoM had recommended that the mechanism for the levy of compensation cess on pan masala and chewing tobacco be changed from ad valorem to a specific rate-based levy to boost the first stage collection of the revenue.