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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), the Central Government hereby makes the
following rules further to amend the Central Excise Rules, 1944, except as
respects things done or omitted to be done before such amendment, namely:-
1. (1) These rules may be called the Central Excise (Third Amendment)
Rules, 2001.
(2) They shall come into force on the 1st day of March, 2001.
2. In the Central Excise Rules, 1944 (hereinafter referred to as the
said rules), in rule 52A, in sub rule (2), for the word "quadriplicate" the
word "triplicate" shall be substituted.
3. In the said rules, in rule 57AA:-
a) In clause (a), after sub-clause (vi), following shall be
inserted, namely:-
"(vii) storage tank"
b) In clause (d), the
"Explanation" shall be numbered as "Explanation 1" and
after "Explanation 1" as so
numbered, the following shall be inserted, namely:
"Explanation 2" - Inputs include goods used in the
manufacture of capital goods which are further used in the factory of the
manufacturer".
4. In the said rules, in rule 57AB -
A) For sub-rule (1), the following shall be substituted, namely:-
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 Central Excise Tariff Act, 1985
(hereinafter referred to as to the said
First Schedule), leviable under the Act;
(ii) The duty of excise specified in the
Second Schedule to the Central Excise Tariff Act, 1985,
leviable under to Act.
(iii) The additional duty of excise leviable
under section 3 of the Additional Duties of Excise (Textile
and Textile Articles), Act, 1978.
(iv) The additional duty of excise
leviable under section 3 of the Additional duties of Excise (Goods of
Special Importance) Act, 1957;
(v) The national Calamity Contingent duty
leviable under clause 129 of the Finance Bill, 2001, which
clause has, by virtue to the declaration
made in the said Finance Bill under the Provisional
Collection of Taxes Act, 1931, the force of
law; and
(vi) The additional duty leviable under
section 3 of the Customs Tariff Act, 1975, 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, 2001, including, the said duties paid on any inputs
or capital goods 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 25th March, 1986, published in
the Gazette of India vide number GSR 547(E) dated the 25th March, 1986 and
received by the manufacturer for the use in or in relation to the
manufacture of final products, on or after the first day of March, 2001.
Explanation –
For 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, 1975 on goods falling under
heading No. 98.01 of the First Schedule to the said Customs Tariff Act.
(1A) 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 contained in the final products lying in
stock on the date on which any goods cease to be exempted goods or any gods
become excisable.
(1B) The CENVAT credit may be utilized for payment of any of
excise on any final products manufactured b the manufacturer 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 in the manner specified under sub-rule
(1) of rule 49 or sub-rule (1) of the rule 173G, as the case may be, the
CENVAT credit shall be utilized only to the extent such credit is available
on the fifteenth 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
notification based on value of clearances in a financial year, for payment
of duty relating to the entire month”.
(1C) When inputs or capital goods, on which 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 section 4 of the
said Central Excise Act, and such removal shall be made under the cover of
an invoice referred to in rule 52A.
(1D) The amount paid under sub-rule (1C) shall be eligible as
credit as if it was a duty paid by the person who removed such goods under
sub-rule (1C).
B) In sub-rule (2), after clause (d) and before the Explanation,
the following shall be inserted, namely:-
e) Credit in respect of –
i) The National Calamity Contingent duty leviable under clause 129 of the
Finance Bill, 2001 and
ii) The additional duty under section 3 of the Customs
Tariff Act, 1975, equivalent to the duty of
excise specified under clause (i) above
shall be utilized only towards payment of National Calamity Contingent duty
leviable under clause 129 of the Finance
Bill, 2001 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”.
5. In the said rules, in rule 57AC,-
A) in sub-rule (5) in clause (b) for the words
“moulds and dies”, the words “jigs, fixtures, moulds and dies” shall be
substituted.
B) In sub-rule (6) for the words “by an order in
each removal”, the words “by an order which shall be valid for a financial
year, in
respect of removal” shall be substituted.
6. In the said rule 57AE, in sub-rule (1) for clause (i), the following
shall be substituted, namely,
i) A supplementary invoice, issued by a manufacturer of inputs or
capital goods under rule 52A or rule 52AA
or rule 100E 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, in case additional amount of excise duties 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 willful 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”.
7. In the said rules, rule 57AI, rule 96ZO, rule 96ZQ shall be omitted.
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