In a welcome move, under budget 2017, the Research and Development Cess has finally been proposed to be repealed w.e.f 01st April 2017.
REPEAL OF THE RESEARCH AND DEVELOPMENT CESS ACT, 1986.
139. The provisions of this Part shall come into force on the 1st day of April, 2017.
140. The Research and Development Cess Act, 1986 is hereby repealed.
141. (1) The repeal of the Research and Development Cess Act, 1986 by this Act shall not—
(a) affect any otherenactment in which the repealed enactment has been applied, incorporated or referred to;
(b) affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;
(c) affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from the enactment hereby repealed;
(d) revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.
(2) The mention of particular matter in sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to the effect of repeal.
142. Notwithstanding the repeal of the Research and Development Cess Act, 1986, the proceeds of duties levied under the said Act immediately preceding the date of commencement of this Part,—
(i) if collected by the collecting agencies but not paid into the Reserve Bank of India; or
(ii) if not collected by the collecting agencies, shall be paid or, as the case may be, collected and paid into the Reserve Bank of India for being credited to the Consolidated Fund of India.