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Notification |
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New Delhi, dated the 1st March, 2002
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No.5/ 2002-Central Excise (NT)
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10 Phalguna, 1922 (Saka)
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G.S.R. (E).- In
exercise of the powers conferred by section 37 of the Central Excise Act,
1944 (1 of 1944), and in supersession of the CENVAT Credit Rules, 2001,
except as respects things done or omitted to be done before such
supersession, the Central Government hereby makes the following rules ,
namely:-
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1. Short title,
extent and commencement.-
(1) These rules may
be called the CENVAT Credit Rules, 2002.
(2) They extend to
the whole of India.
(3) They shall come
into force on the 1 st day of March, 2002.
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2. Definitions.- In
these rules, unless the context otherwise requires, –
(a) “Act” means the
Central Excise Act, 1944 (1 of 1944);
(b) “capital
goods” means,-
(i) all goods falling
under Chapter 82, Chapter 84, Chapter 85, Chapter 90, heading No. 68.02 and
sub-heading No. 6801.10 of the First Schedule to the Tariff Act;
(ii) pollution
control equipment
(iii) components,
spares and accessories of the goods specified at (i) and (ii) above;
(iv) moulds and dies;
(v) refractories and
refractory materials;
(vi) tubes and pipes
and fittings thereof; and
(vii) storage tank,
used in the factory of the manufacturer of the final products, but does not
include any equipment or appliance used in an office;
(c) “Customs Tariff
Act” means the Customs Tariff Act, 1975 (51 of 1975);
(d) “exempted goods”
means goods which are exempt from the whole of the duty of excise leviable
thereon, and includes goods which are chargeable to “Nil” rate of duty;
(e) “final products”
means excisable goods manufactured or produced from inputs, except matches;
(f) “first stage
dealer” means a dealer who purchases the goods directly from,-
(i) the manufacturer
under the cover of an invoice issued in terms of the provisions of Central
Excise Rules, 2002 or from the depot of the said manufacturer, or from
premises of the consignment agent of the said manufacturer or from any other
premises from where the goods are sold by or on behalf of the said
manufacturer, under cover of an invoice; or
(ii) an importer or
from the depot of an importer or from the premises of the consignment agent
of the importer, under cover of an invoice;
(g) “input” means all goods, except high speed diesel oil and motor
spirit, commonly known as petrol, used in or in relation to the manufacture
of final products whether directly or indirectly and whether contained in
the final product or not, and includes lubricating oils, greases, cutting
oils, coolants, accessories of the final products cleared
along with the final
product, goods used as paint, or as packing material, or as fuel, or for
generation of electricity or steam used for manufacture of final products or
for any other purpose, within the factory of production.
Explanation 1.-
The high speed diesel oil or motor spirit, commonly known as petrol, shall
not be treated as an input for any purpose whatsoever.
Explanation 2.-
Inputs include goods used in the manufacture of capital goods which are
further used in the factory of the manufacturer;
(h) “manufacturer” or
“producer” in respect of goods falling under Chapter 61 or 62 of the First
Schedule to the Tariff Act shall include a person who is liable to pay the
duty of excise leviable on such goods under sub-rule (3) of rule 4 of the
Central Excise Rules, 2002;
(i) “notification”
means the notification published in the Official Gazette;
(j) “Tariff Act”
means the Central Excise Tariff Act, 1985 (5 of 1986);
(k) “second stage
dealer” means a dealer who purchases the goods from a first stage dealer;
(l) words and
expressions used in these rules and not defined but defined in the Act shall
have the meanings respectively assigned to them in the Act.
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3. CENVAT credit.-
(1) A manufacturer or
producer of final products shall be allowed to take credit (hereinafter
referred to as the CENVAT credit) of -
(i) the duty of
excise specified in the First Schedule to the Tariff Act, leviable under the
Act;
(ii) the duty of
excise specified in the Second Schedule to the Tariff Act, leviable under
the Act;
(iii) the additional
duty of excise leviable under section 3 of the Additional Duties of Excise
(Textile and Textile Articles) Act,1978 ( 40 of 1978);
(iv) the additional
duty of excise leviable under section 3 of the Additional Duties of Excise
(Goods of Special Importance) Act, 1957 ( 58 of 1957);
(v) the National
Calamity Contingent duty leviable under section 136 of the Finance Act, 2001
(14 of 2001); and
(vi) the additional
duty leviable under section 3 of the Customs Tariff Act, equivalent to the
duty of excise specified under clauses (i), (ii), (iii), (iv) and (v) above,
paid on any inputs or capital goods received in the factory on or after the
first day of March, 2002, including the said duties paid on any inputs
used in the manufacture of intermediate products, by a job-worker availing
the benefit of exemption specified in the notification of the Government of
India in the Ministry of Finance (Department of Revenue), No. 214/86-
Central Excise, dated the 25 th March, 1986, published vide number G.S.R.
547 (E), dated the 25 th March, 1986, and received by the manufacturer for
use in, or in relation to, the manufacture of final products, on or after
the first day of March, 2002.
Explanation.-
For the removal of doubts it is clarified that the manufacturer of the final
products shall be allowed CENVAT credit of additional duty leviable under
section 3 of the Customs Tariff Act on goods falling under heading 98.01 of
the First Schedule to the Customs Tariff Act.
(2) Notwithstanding
anything contained in sub-rule (1), the manufacturer or producer of final
products shall be allowed to take CENVAT credit of the duty paid on inputs
lying in stock or in process or inputs contained in the final products lying
in stock on the date on which any goods cease to be exempted goods or any
goods become excisable.
(3) The CENVAT credit
may be utilized for payment of any duty of excise on any final products or
for payment of duty on inputs or capital goods themselves if such inputs are
removed as such or after being partially processed, or such capital goods
are removed as such: Provided that while paying duty, the CENVAT credit
shall be utilised only to the extent such credit is available on the
fifteenth day of a month for payment of duty relating to the first fortnight
of the month, and the last day of a month for payment of duty relating to
the second fortnight of the month or in case of a manufacturer availing
exemption by a notification based on value of clearances in a financial
year, for payment of duty relating to the entire month.
(4) When inputs or
capital goods, on which CENVAT credit has been taken, are removed as such
from the factory, the manufacturer of the final products shall pay an amount
equal to the duty of excise which is leviable on such goods at the rate
applicable to such goods on the date of such removal and on the value
determined for such goods under sub-section (2) of section 3 or section 4 or
section 4A of the Act, as the case may be, and such removal shall be made
under the cover of an invoice referred to in rule 7.
(5) The amount paid under
sub-rule (4) shall be eligible as CENVAT credit as if it was a duty paid by
the person who removed such goods under sub-rule (4).
(6)
Notwithstanding anything contained in sub-rule (1),-
(a) CENVAT credit in
respect of inputs or capital goods produced or manufactured,-
(i) in a free trade
zone or by a hundred per cent. export-oriented undertaking or by a unit in
an Electronic Hardware Technology Park or Software Technology Park (other
than a unit which pays excise duty under section 3 of the Act read with
notification No. 8/97- Central Excise, dated the 1 st March, 1997, number
G.S.R 114 (E), dated the 1 st March, 1997 or No. 20/2002-Central Excise,
dated the 1 st March, 2002) and used in the manufacture of the final
products in any other place in India, in case the unit pays excise duty
under section 3 of the Act read with notification No. 2/95-Central Excise,
dated the 4 th January, 1995, number G.S.R. 189 (E), dated the 4 th January,
1995, shall be admissible equivalent to the amount calculated in the
following manner, namely:- Fifty per cent. of [ X multiplied by{( 1+
BCD/100) multiplied by ( CVD/100)}], where BCD and CVD denote ad valorem
rates, in per cent., of basic customs duty and additional duty of customs
leviable on the inputs or the capital goods respectively and X denotes the
assessable value.
(ii) in a Special
Economic Zone, and used in the manufacture of the final products in any
other place in India, shall be admissible equivalent to the amount
calculated in the following manner, namely:- X multiplied by {( 1+ BCD/100)
multiplied by ( CVD/100)}, where BCD and CVD denote ad valorem rates, in per
cent., of basic customs duty and additional duty of customs leviable on the
inputs or the capital goods respectively and X denotes the assessable value.
(b) CENVAT credit in
respect of -
(i) the additional
duty of excise leviable under section 3 of the Additional Duties of Excise
(Textile and Textile Articles) Act,1978;
(ii) the additional
duty of excise leviable under section 3 of the Additional Duties of Excise
(Goods of Special Importance) Act, 1957;
(iii) the National
Calamity Contingent duty leviable under section 136 of the Finance Act,
2001; and
(iv) the additional
duty leviable under section 3 of the Customs Tariff Act, equivalent to the
duty of excise specified under clauses (i), (ii) and (iii) above, shall be
utilized only towards payment of duty of excise leviable under the said
Additional Duties of Excise (Textiles and Textile Articles) Act, or under
the said Additional Duties of Excise (Goods of Special Importance) Act, or
the National Calamity Contingent duty leviable under section 136 of the
Finance Act, 2001 respectively, on any final products manufactured by the
manufacturer or for payment of such duty on inputs themselves if such inputs
are removed as such or after being partially processed;
(c) the CENVAT
credit, in respect of additional duty leviable under section 3 of the
Customs Tariff Act, paid on marble slabs or tiles falling under sub-heading
No. 2504.21 or 2504.31 respectively of the First Schedule to the Tariff
Act shall be allowed to the extent of thirty rupees per square metre;
(d) the CENVAT credit of the duty paid on the inputs shall not be
allowed in respect of texturised yarn (including draw-twisted or draw-wound
yarn) of
polyesters falling
under heading No. 54.02 of the First Schedule to the Tariff Act,
manufactured by an independent texturiser, that is to say, a manufacturer
engaged in the manufacture of texturised yarn (including draw-twisted or
draw-wound yarn) of polyesters falling under heading No. 54.02 of the said
First Schedule, who does not have the facility in his factory (including
plant and machinery) for manufacture of partially oriented yarn of
polyesters falling under sub-heading No. 5402.42 of the said First Schedule.
Explanation.-
Where the provisions of any other rule or notification provide for grant of
partial or full exemption on condition of non-availability of credit of duty
paid on any input or capital goods, the provisions of such other rule or
notification shall prevail over the provisions of these rules.
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4. Conditions for
allowing CENVAT credit.-
(1) The CENVAT credit
in respect of inputs may be taken immediately on receipt of the inputs in
the factory of the manufacturer: Provided that in respect of final products
falling under Chapter 61 or 62 of the First Schedule to the Tariff Act, the
CENVAT credit of duty paid on inputs may be taken immediately on receipt of
such inputs in the registered premises of the person who gets such final
products manufactured on his account on job work subject to the condition
that such inputs are used in the manufacture of such final products by the
job worker.
(2) (a) The CENVAT
credit in respect of capital goods received in a factory at any point of
time in a given financial year shall be taken only for an amount not
exceeding fifty per cent. of the duty paid on such capital goods in the same
financial year:
Provided that the
CENVAT credit in respect of capital goods shall be allowed for the whole
amount of the duty paid on such capital goods in the same financial year if
the said capital goods are cleared as such in the same financial year.
(b) The balance of
CENVAT credit may be taken in any financial year subsequent to the financial
year in which the capital goods were received in the factory of the
manufacturer, if the capital goods, other than components, spares and
accessories, refractories and refractory materials and goods falling under
heading No. 68.02 and sub-heading No. 6801.10 of the First Schedule to the
Tariff Act, are in the possession and use of the manufacturer of final
products in such subsequent years.
Illustration.-
A manufacturer received machinery on April 16, 2002 in his factory. CENVAT
of two lakh rupees is paid on this machinery. The manufacturer can take
credit upto a maximum of one lakh rupees in the financial year 2002-2003,
and the balance in subsequent years.
(3) The CENVAT credit
in respect of the capital goods shall be allowed to a manufacturer even if
the capital goods are acquired by him on lease, hire purchase or loan
agreement, from a financing company.
(4) The CENVAT credit
in respect of capital goods shall not be allowed in respect of that part of
the value of capital goods which represents the amount of duty on such
capital goods, which the manufacturer claims as depreciation under section
32 of the Income-tax Act, 1961( 43 of 1961).
(5) (a) The CENVAT
credit shall be allowed even if any inputs or capital goods as such or after
being partially processed are sent to a job worker for further processing,
testing, repair, re-conditioning or any other purpose, and it is established
from the records, challans or memos or any other document produced by the
assessee taking the CENVAT credit that the goods are received back in the
factory within one hundred and eighty days of their being sent to a job
worker and if the inputs or the capital goods are not received back within
one hundred eighty days, the manufacturer shall pay an amount equivalent to
the CENVAT credit attributable to the inputs or capital goods by debiting
the CENVAT credit or otherwise, but the manufacturer can take the CENVAT
credit again when the inputs or capital goods are received back in his
factory.
(b) The CENVAT credit
shall also be allowed in respect of jigs, fixtures, moulds and dies sent by
a manufacturer of final products to a job worker for the production of goods
on his behalf and according to his specifications.
(6) The Commissioner
of Central Excise having jurisdiction over the factory of the manufacturer
of the final products who has sent the inputs or partially processed inputs
outside his factory to a job-worker may, by an order, which shall be valid
for a financial year, in respect of removal of such inputs or partially
processed inputs, and subject to such conditions as he may impose in the
interest of revenue including the manner in which duty, if leviable, is to
be paid, allow final products to be cleared from the premises of the
job-worker.
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5. Refund of CENVAT
credit.-
Where any inputs are
used in the final products which are cleared for export under bond or letter
of undertaking, as the case may be, or used in the intermediate products
cleared for export, the CENVAT credit in respect of the inputs so used shall
be allowed to be utilized by the manufacturer towards payment of duty of
excise on any final products cleared for home consumption or for export on
payment of duty and where for any reason such adjustment is not possible,
the manufacturer shall be allowed refund of such amount subject to such
safeguards, conditions and limitations as may be specified by the Central
Government by notification:
Provided that no
refund of credit shall be allowed if the manufacturer avails of drawback
allowed under the Customs and Central Excise Duties Drawback Rules, 1995, or
claims a rebate of duty under the Central Excise Rules, 2002, in respect of
such duty.
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6. Obligation of
manufacturer of dutiable and exempted goods.-
(1) The CENVAT credit
shall not be allowed on such quantity of inputs which is used in the
manufacture of exempted goods, except in the circumstances mentioned in
sub-rule (2).
(2) Where a
manufacturer avails of CENVAT credit in respect of any inputs, except inputs
intended to be used as fuel, and manufactures such final products which are
chargeable to duty as well as exempted goods, then, the manufacturer shall
maintain separate accounts for receipt, consumption and inventory of inputs
meant for use in the manufacture of dutiable final products and the quantity
of inputs meant for use in the manufacture of exempted goods and take CENVAT
credit only on that quantity of inputs which is intended for use in the
manufacture of dutiable goods.
(3) The manufacturer,
opting not to maintain separate accounts shall follow either of the
following conditions, as applicable to him, namely:-
(a) if the exempted goods
are-
(i) goods falling
within heading No. 22.04 of the First Schedule to the Tariff Act;
(ii) Low Sulphur
Heavy Stock (LSHS) falling within Chapter 27 of the said First Schedule used
in the generation of electricity;
(iii) Naphtha (RN)
falling within Chapter 27 of the said First Schedule used in the manufacture
of fertilizer;
(iv) tyres of a kind
used on animal drawn vehicles or handcarts and their tubes, falling within
Chapter 40 of the said First Schedule;
(v) newsprint, in
rolls or sheets, falling within heading No.48.01 of the said First Schedule;
(vi) final products
falling within Chapters 50 to 63 of the said First Schedule, the
manufacturer shall pay an amount equivalent to the CENVAT credit
attributable to inputs used in, or in relation to, the manufacture of such
final products at the time of their clearance from the factory; or 100
(b) if the exempted
goods are other than those described in condition (a), the manufacturer
shall pay an amount equal to eight per cent. of the total price, excluding
sales tax and other taxes, if any, paid on such goods, of the exempted final
product charged by the manufacturer for the sale of such goods at the time
of their clearance from the factory.
Explanation I.-
The amount mentioned in conditions (a) and (b) shall be paid by the
manufacturer by debiting the CENVAT credit or otherwise.
Explanation II.-
If the manufacturer fails to pay the said amount, it shall be recovered
along with interest in the same manner, as provided in rule 12, for recovery
of CENVAT credit wrongly taken.
(4) No CENVAT credit
shall be allowed on capital goods which are used exclusively in the
manufacture of exempted goods, other than the final products which are
exempt from the whole of the duty of excise leviable thereon under any
notification where exemption is granted based upon the value or quantity of
clearances made in a financial year.
(5) The provisions of sub-
rule (1), sub-rule (2), sub-rule (3) and sub-rule (4) shall not be
applicable in case the exempted goods are either-
(i) cleared to a unit
in a free trade zone; or
(ii) cleared to a
unit in a special economic zone; or
(iii) cleared to a
hundred per cent. export-oriented undertaking; or
(iv) cleared to a
unit in an Electronic Hardware Technology Park or Software Technology Park;
or
(v) supplied to the
United Nations or an international organization for their official use or
supplied to projects funded by them, on which exemption of duty is available
under notification of the Government of India in the Ministry of Finance
(Department of Revenue) No.108/95-Central Excise, dated the 28 th August,
1995, number G. S R. 602 (E), dated the 28 th August, 1995; or
(vi) cleared for
export under bond in terms of the provisions of the Central Excise Rules,
2002.
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7. Documents and accounts.-
(1) The CENVAT credit shall
be taken by the manufacturer on the basis of any of the following documents,
namely :-
(a) an invoice issued by-
(i) a manufacturer
for clearance of -
(I) inputs or capital
goods from his factory or from his depot or from the premises of the
consignment agent of the said manufacturer or from any other premises from
where the goods are sold by or on behalf of the said manufacturer;
(II) inputs or
capital goods as such;
(ii) an importer;
(iii) an importer
from his depot or from the premises of the consignment agent of the said
importer if the said depot or the premises, as the case may be, is
registered in terms of the provisions of Central Excise Rules, 2002;
(iv) a first stage
dealer or a second stage dealer, in terms of the provisions of Central
Excise Rules, 2002; (b) a supplementary invoice, issued by a manufacturer or
importer of inputs or capital goods in terms of the provisions of Central
Excise Rules, 2002 from his factory or from his depot or from the premises
of the consignment agent of the said manufacturer or importer or from any
other premises from where the goods are sold by, or on behalf of, the said
manufacturer or importer, in case additional amount of excise duties or
additional duty of customs leviable under section 3 of the Customs Tariff
Act, has been paid, except where the additional amount of duty became
recoverable from the manufacturer or importer of inputs or capital goods on
account of any non-levy or short-levy by reason of fraud, collusion or any
wilful mis-statement or suppression of facts or contravention of any
provisions of the Act or of the Customs Act, 1962 or the rules made
thereunder with intent to evade payment of duty.
Explanation.-
For removal of doubts, it is clarified that supplementary invoice shall
also include Challan or any other similar document evidencing payment of
additional amount of additional duty of customs leviable under section 3 of
the Customs Tariff Act;
(c) a bill of entry;
(d) a certificate
issued by an appraiser of customs in respect of goods imported through a
Foreign Post Office.
(2) The manufacturer
or producer taking CENVAT credit on inputs or capital goods shall take all
reasonable steps to ensure that the inputs or capital goods in respect of
which he has taken the CENVAT credit are goods on which the appropriate duty
of excise as indicated in the documents accompanying the goods, has been
paid.
Explanation.-
The manufacturer or producer ta king CENVAT credit on inputs or capital
goods received by him shall be deemed to have taken reasonable steps if he
satisfies himself about the identity and address of the manufacturer or
supplier, as the case may be, issuing the documents specified in rule 7,
evidencing the payment of excise duty or the additional duty of customs, as
the case may be, either-
(a) from his personal
knowledge; or
(b) on the strength
of a certificate given by a person with whose handwriting or signature he is
familiar; or
(c) on the strength
of a certificate issued to the manufacturer or the supplier, as the case may
be, by the Superintendent of Central Excise within whose jurisdiction such
manufacturer has his factory or the supplier has his place of business, and
where the identity and address of the manufacturer or the supplier is
satisfied on the strength of a certificate, the manufacturer or producer
taking CENVAT credit shall retain such certificate for production before the
Central Excise Officer on demand.
(3) The CENVAT credit
in respect of inputs or capital goods purchased from a first stage or second
stage dealer shall be allowed only if such dealer has maintained records
indicating the fact that the inputs or capital goods were supplied from the
stock on which duty was paid by the producer of such inputs or capital goods
and only an amount of such duty on pro rata basis has been indicated in the
invoice issued by him.
(4) The manufacturer
of final products shall maintain proper records for the receipt, disposal,
consumption and inventory of the inputs and capital goods in which the
relevant information regarding the value, duty paid, the person from whom
the inputs or capital goods have been purchased is recorded and the burden
of proof regarding the admissibility of the CENVAT credit shall lie upon the
manufacturer taking such credit.
(5) The manufacturer
of final products shall submit within ten days from the close of each month
to the Superintendent of Central Excise, a monthly return in the form
annexed to these rules.
Explanation.-
In respect of a manufacturer availing of any exemption based on the
value or quantity of clearances in a financial year, the provisions of this
sub-rule shall have effect in that financial year as if for the expression
“month”, the expression “quarter” was substituted.
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8. Transfer of CENVAT
credit.-
(1) If a manufacturer
of the final products shifts his factory to another site or the factory is
transferred on account of change in ownership or on account of sale, merger,
amalgamation, lease or transfer of the factory to a joint venture with the
specific provision for transfer of liabilities of such factory, then, the
manufacturer shall be allowed to transfer the CENVAT credit lying unutilized
in his accounts to such transferred, sold, merged, leased or amalgamated
factory.
(2) The transfer of
the CENVAT credit under sub-rule (1) shall be allowed only if the stock of
inputs as such or in process, or the capital goods is also transferred
alongwith the factory to the new site or ownership and the inputs, or
capital goods, on which credit has been availed of are duly accounted for to
the satisfaction of the Commissioner.
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9. Transitional
provision.-
(1) Any amount of credit
earned by a manufacturer under the CENVAT Credit Rules, 2001, as they
existed prior to the 1 st day of March, 2002 and remaining unutilised on
that day shall be allowable as CENVAT credit to such manufacturer under
these rules, and be allowed to be utilised in accordance with these rules.
(2) A manufacturer
who opts for exemption from the whole of the duty of excise leviable on
goods manufactured by him under a notification based on the value or
quantity of clearances in a financial year, and who has been taking CENVAT
credit on inputs before such option is exercised, shall be required to pay
an amount equivalent to the CENVAT credit, if any, allowed to him in respect
of inputs lying in stock or in process or contained in final products lying
in stock on the date when such option is exercised and after deducting the
said amount from the balance, if any, lying in his credit, the balance, if
any, still remaining shall lapse and shall not be allowed to be utilized for
payment of duty on any excisable goods, whether cleared for home consumption
or for export.
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10. Special dispensation in
respect of inputs manufactured in factories located in specified areas of
North East region and Kutch district of Gujarat.-
Notwithstanding anything
contained in these rules, where a manufacturer has cleared any inputs or
capital goods, in terms of notifications of the Government of India in the
Ministry of Finance (Department of Revenue) No. 32/99- Central Excise, dated
the 8 th July, 1999, number G.S.R. 508 (E), dated the 8 th July, 1999 or
notification No. 33/99- Central Excise, dated the 8 th July, 1999, number
G.S.R. 509 (E), dated the 8 th July, 1999 or notification No.
39/2001-Central Excise, dated the 31 st July, 2001, number G.S.R. 565 (E),
31 st July, 2001, the CENVAT credit on such inputs or capital goods shall be
admissible as if no portion of the duty paid on such inputs or capital goods
was exempted under any of the said notifications.
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11. Power of Central
Government to notify goods for deemed CENVAT credit.-
Notwithstanding anything
contained in rule 3, the Central Government may, by notification declare the
inputs on which the duties of excise, or additional duty of customs paid,
shall be deemed to have been paid at such rate or equivalent to such amount
as may be specified in the said notification and allow CENVAT credit of such
duty deemed to have been paid in such manner and subject to such conditions
as may be specified in the said notification even if the declared inputs are
not used directly by the manufacturer of final products declared in the said
notification, but are contained in the said final products.
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12. Recovery of CENVAT
credit wrongly taken.-
Where the CENVAT credit has
been taken or utilized wrongly, the same along with interest shall be
recovered from the manufacturer and the provisions of sections 11A and 11AB
of the Act shall apply mutatis mutandis for effecting such recoveries.
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13. Confiscation and
penalty.-
(1) If any person,
takes CENVAT credit in respect of inputs or capital goods, wrongly or
without taking reasonable steps to ensure that appropriate duty on the said
inputs or capital goods has been paid as indicated in the document
accompanying the inputs or capital goods specified in rule 7, or contravenes
any of the provisions of these rules in respect of any inputs or capital
goods, then, all such goods shall be liable to confiscation and such person,
shall be liable to a penalty not exceeding the duty on the excisable goods
in respect of which any contravention has been committed, or ten thousand
rupees, whichever is greater.
(2) In a case, where
the CENVAT credit has been taken or utilized wrongly on account of fraud,
willful mis-statement, collusion or suppression of facts, or contravention
of any of the provisions of the Act or the rules made thereunder with
intention to evade payment of duty, then, the manufacturer shall also be
liable to pay penalty in terms of the provisions of section 11AC of the Act.
(3) Any order under sub-rule (1) or sub-rule (2) shall be issued by the
Central Excise Officer following the principles of natural justice.
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14. Supplementary
provision.-
Any notification,
circular, instruction, standing order, trade notice or other order issued
under the CENVAT Credit Rules, 2001 by the Board, the Chief Commissioner or
the Commissioner of Central Excise, and in force as on 28 th February, 2002,
shall, to the extent it is relevant and consistent with these rules, be
deemed to be valid and issued under the corresponding provisions of these
rules.
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ANNEXURE
Form
INPUTS
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(See sub-rule (5) of
rule 7)
MONTHLY RETURN UNDER RULE 7 OF THE CENVAT Credit Rules, 2002 |
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Col. 1 |
Col.2 |
Col.3 |
Col.4 |
Col.5 |
Col.6 |
Col.7 |
Col.8 |
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Sl. No. |
Type of
document
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Number and date
of document
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Name of the
supplier |
Type of
supplier |
ECC number of
the supplier |
Date on which
inputs received |
Value3 |
| |
|
|
|
|
|
|
|
|
Col.9 |
Col.10 |
Col.11 |
Col.12 |
Col.13 |
Col.14 |
Col.15 |
Col.16 |
Col.17 |
|
Details of
credit Taken
|
For the main
item in the document 4
|
|
CEN VAT |
SED |
AED(TTA) |
AED (GSI ) |
Addl. Duty |
Other |
Description
|
Sub- heading
|
Qty |
| |
|
Col. 1 |
Col.2 |
Col.3 |
Col.4 |
Col.5 |
Col.6 |
Col.7 |
Col.8 |
|
Sl. No. |
Type of
document 1
|
Number and date
of document
|
Name of the
supplier |
Type of
supplier 2 |
ECC number of
the supplier |
Date on which
inputs received |
Value3 |
| |
|
|
|
|
|
|
|
|
Col.9 |
Col.10 |
Col.11 |
Col.12 |
Col.13 |
Col.14 |
Col.15 |
Col.16 |
Col.17 |
|
Details of
credit Taken
|
For the main
item in the document 4
|
|
CENVAT |
SED |
AED(TTA) |
AED (GSI ) |
Addl. Duty |
Other |
Descri p-tion
|
Sub- heading
|
Qty |
1. Invoice, Bill of Entry
or any other document
2. Indicate whether
manufacturer, first stage dealer, second stage dealer or importer
3. Indicate full
value of the goods covered by the document
4. Give details with
respect to the item with maximum duty covered by the invoice
ABSTRACT
A. Input Credit
| |
Opening Balance |
Credit taken during the
month |
Credit utilized during
the month |
Closing balance |
|
CENVAT |
|
|
|
|
|
SED |
|
|
|
|
|
AED (TTA) |
|
|
|
|
|
AED (GSI) |
|
|
|
|
|
ADD. DUTY |
|
|
|
|
|
OTHER |
|
|
|
|
B. Capital Goods
Credit
|
|
Opening Balance |
Credit taken during the
month |
Credit utilized during
the month |
Closing balance |
|
CENVAT |
|
|
|
|
|
SED |
|
|
|
|
|
AED (TTA) |
|
|
|
|
|
AED (GSI) |
|
|
|
|
|
ADD. DUTY |
|
|
|
|
|
OTHER |
|
|
|
|
Place:
Date:
Signature of the
assesses or the authorised signatory
Name in capital
letters
Designation
Seal of the assessee
F. No.
334/1/2002-TRU]
(T. R. Rustagi)
Joint Secretary to the Government of India
|