CENVAT
CREDIT RULES, 2002
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: -
RULE 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 1st day
of March, 2002.
RULE 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;]
(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 [light
diesel oil] 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 light diesel oil, 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 [yarns
or fabrics falling under Chapter 50, 51, 52, 53, 54, 55, 58 or 60, readymade
garments falling under Chapter 61 or 62?
or made up textile articles falling under Chapter 63 of First Schedule
to the Tariff Act], includes a person who is liable to pay duty of excise
leviable on such goods under sub-rule (1) of rule 12B 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.
RULE 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), as amended by section
169 of the Finance Act, 2003 (32 of 2003) which was amended by section 3 of the
Finance Act, 2004 (13 of 2004);
(vi) ??the
Education Cess on excisable goods leviable under clause 81 read with clause 83
of the Finance Bill (No.2), 2004, which by virtue of the declaration made in
the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16
of 1931), has the force of law;
(vii) ?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), (v) and
(vi) above; and
(viii) the additional duty of excise leviable
under section 157 of the Finance Act, 2003 (32 of 2003).]
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 25th March, 1986,
published vide number G.S.R. 547 (E), dated the 25th
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 ?
(a) any duty of excise on any final
product; or
(b)
an amount equal to
CENVAT credit taken on inputs if such inputs are removed as such or after being
partially processed; or
(c)
an amount equal to the CENVAT credit taken on
capital goods if such capital goods are removed as such; or
(d)
an amount under
sub-rule (2) of rule 16 of Central Excise Rules, 2002]
[Provided that while paying duty, the CENVAT
credit shall be utilized only to the extent such
credit is available on the last day of the month for payment of duty relating
to the month.]
[Provided further that the CENVAT credit of
the duty paid on the inputs used in the manufacture of final products cleared
after availing of the exemption under the notification numbers 32/99-Central Excise, dated the 8th July, 1999 [G.S.R. 508 (E)
dated the 8th July, 1999] and 33/99-Central Excise dated the 8th July, 1999 [G.S.R. 509 (E)
dated the 8th July, 1999], shall be utilized only for payment of duty on final
products cleared after availing of the exemption under the said notification
numbers 32/99-Central
Excise, dated the 8th July, 1999 and 33/99-Central Excise, dated the 8th July, 1999.]
[Provided
also that the CENVAT credit of the duty paid on the inputs used in the
manufacture of final products cleared after availing of the exemption under the
notifications No. 39/2001-Central Excise, dated the 31st July, 2001
[G.S.R. 565 (E), dated the 31st July, 2001], No.56/2002-Central
Excise, dated the 14th November, 2002 [G.S.R. 764(E), dated the 14th
November, 2002], No.57/2002-Central Excise, dated 14th November,
2002 [G.S.R. 765(E), dated the 14th November, 2002], notification of
the Government of India in the? Ministry
of Finance (Department of Revenue) No.56/2003-Central Excise, dated the 25th
June, 2003 [G.S.R. 513 (E), dated the 25th? June, 2003], and No. 71/2003-Central Excise,
dated the 9th September, 2003 [G.S.R. 717 (E), dated the 9th
September, 2003], shall respectively be utilized only for payment of duty on
final products, in respect of which exemption under the said notifications
No.39/2001-Central Excise, dated the 31st July, 2001,? No.56/2002-Central Excise, dated the 14th
November, 2002, No.57/2002-Central Excise, dated 14th November,
2002,? No.56/2003-Central Excise, dated
the 25th June, 2003, and No.71/2003-Central Excise, dated the 9th
September, 2003, is availed of.]
[Provided further that the CENVAT credit of the duty paid
on the inputs used in the manufacture final products cleared after availing of
the exemption under the notifications number 39/2001-Central Excise, dated the
31st July, 2001 [G.S.R. 565(E) dated the 31st July, 2001], 56/2002-Central
Excise dated the 14th November, 2002[G.S.R. 764 (E) dated 14th November, 2002]
and 57/2002-Central Excise dated the 14th November, 2002[G.S.R. 765 (E) dated
14th November, 2002], shall respectively be utilised only for payment of duty
on final products, in respect of which exemption under the said notifications
number 39/2001-Central Excise dated the 31st July, 2001, 56/2002- Central
Excise dated 14th November, 57/2002- Central Excise dated 14th November, 2002,
is availed.]
[(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 credit availed in respect
of such inputs or capital goods and such removal shall be
made under the cover of an invoice referred to in rule 7.]
[(4A) Notwithstanding any thing contained in these
rules,-
(a) a first or second stage dealer, dealing exclusively in
goods falling under Chapter 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62
or 63 of the First Schedule to the Tariff Act, may, at his option, remove such
goods, whether or not after undertaking activities such as packing, repacking,
on payment of an amount equal to the duty of excise, which is leviable on such
goods at the rate applicable on the date of removal and on the value determined
for such goods under sub-section (2) of section 3 or section 4 of the Act, as
the case may be. The provisions of the Central Excise Rules, 2002, in so far
they relate to removal of goods on invoice, maintenance of accounts, filing of
return, manner of payment or failure to pay such amount shall apply, as if such
amount is a duty of excise liable to be paid by an assessee:
Provided that such option once exercised by the said dealer, shall not be
withdrawn during the remaining part of the financial year;
(b) the first or second stage dealer of goods referred to in
clause (a), who avails of the option referred to in said clause, may take
credit of duties referred to in sub-rule (1) of Rule 3, paid on such goods for
utilizing the same for payment of such amount, as referred to in clause (a);
(c) the amount paid under clause (a) shall be eligible as
CENVAT credit as if it were a duty paid by a person who removes such goods
under sub-rule (4A).]
(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) [by a
hundred per cent. export-oriented undertaking or by a unit in an Electronic
Hardware Technology Park or in a Software Technology Park [other than a unit
which pays excise duty levied under section3 of the Act read with serial
numbers 3,5, 6 and 7 of notification No. 23/2003-Central Excise, dated the 31st
March, 2003, {G.S.R. 266(E), dated the 31st March, 2003}]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 serial number 2 of the
notification No. 23/2003-Central Excise, dated the 31st March, 2003, [G.S.R.
266(E), dated the 31st March, 2003], 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 (Textiles and Textile Articles) Act, 1978 (40 of 1978);
ii.
the
National Calamity Contingent duty leviable under section 136 of the Finance
Act, 2001 (14 of 2001), as amended by section 169 of the Finance Act, 2003 (32
of 2003) which was amended by section 3 of the Finance Act, 2004 ( 13 of 2004);
iii.
the
Education Cess on excisable goods leviable under clause 81 read with clause 83
of the Finance Bill (No.2), 2004, which by virtue of the declaration made in
the said Finance Bill under the Provisional Collection of Taxes Act, 1931, has
the force of law; 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; and
v.
the
additional duty of excise leviable under section 157 of the Finance Act, 2003
(32 of 2003), shall be utilized only towards payment of duty of excise leviable
under the said Additional Duties of Excise (Textiles and Textile Articles) Act,
or the National Calamity Contingent duty leviable under section 136 of the
Finance Act, 2001, as amended by section 169 of the Finance Act, 2003 which was
amended by section 3 of the Finance Act, 2004, or the Education Cess on
excisable goods leviable under clause 81 read with clause 83 of the Finance
Bill (No.2), 2004, which by virtue of the declaration made in the said Finance
Bill under the Provisional Collection of Taxes Act, 1931, has the force of law,
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.]
Explanation.- For removal of doubts, it is clarified that the credit
of the additional duty of excise leviable under section 3 of the Additional
Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), may be
utilised towards payment of duty of excise leviable under the First Schedule or
the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986).]
(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.
RULE 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 the final products, namely,20[yarns
or fabrics falling under Chapter 50, 51, 52, 53, 54, 55, 58 or 60, readymade
garments falling under Chapter 61 or 62?
or made up textile articles falling under Chapter 63 of 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
condition that the inputs are used in the manufacture of such final product 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, 35[refractories
and refractory materials, moulds and dies] 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 arc
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 ho 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.
RULE 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.
RULE 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).
[Provided the CENVAT credit on inputs shall not be denied
to job worker referred to in rule 12 B of the Central Excise Rules, 2002 on the
ground that the said inputs are used in the manufacture of goods cleared
without payment of duty under the provisions of that rule.]
(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)x x x ]
(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,
[(vii) Naptha (RN) and furnace oil falling
within Chapter 27 of the said First Schedule used for
generation of electricity;
(viii) goods supplied to defence personnel or
for defence projects or to the Ministry of Defence for official purposes, under
any of the following notifications of the Government of India in the erstwhile
Ministry of Finance (Department of Revenue), namely :-
(1)
No. 70/92-Central Excise, dated the 17th
June, 1992, G.S.R. 595 (E),
dated the 17th June, 1992;
(2)
No. 62/95-Central Excise, dated the 16th
March, 1995, G.S.R. 254 (E),
dated the 16th March, 1995;
(3)
No.
63/95-Central Excise, dated the 16th March, 1995, G.S.R. 255 (E), dated the
16th March, 1995;
(4)
No.
64/95-Central Excise, dated the 16th March, 1995, G.S.R. 256 (E),
dated the 16th March, 1995,]
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
(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 28th August, 1995,
number GSR. 602 (E), dated the 28th August, 1995; or
(vi)
cleared
for export under bond in terms of the provisions of the Central Excise Rules, 2002.
[(vii) gold or silver falling within Chapter 71 of the said First Schedule, arising in the course of
manufacture of copper or zinc by smelting.]
[RULE 6A. Storage of inputs outside the factory of the
manufacturer.--
The Assistant Commissioner of Central Excise or the
Deputy Commissioner of Central Excise having jurisdiction over the factory of a
manufacturer of the final products may, in exceptional circumstances having
regard to the nature of the goods and shortage
of storage space at the premises of such manufacturer, by an order, permit such manufacturer to store the inputs in
respect of which CENVAT credit has been taken, outside such factory, subject to such limitations and conditions as he may specify
:
Provided that where such inputs are not used in the
manner prescribed in these rules for any reason whatsoever, the manufacturer of
the final products shall pay an amount equal to the credit availed
in respect of such inputs.]
RULE 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.
[(1A)
CENVAT credit under rule 3 shall not be denied on the grounds that any of
the documents mentioned in sub-rule
(1) does not contain all the particulars required to be
contained therein under these rules, if such document contains details of
payment of duty, description of the goods, assessable value, name and address
of the factory or warehouse :
Provided that the Assistant Commissioner of Central
Excise or the Deputy Commissioner of Central Excise having jurisdiction over
the factory of a manufacturer intending to take CENVAT credit is satisfied that
duty due on the inputs has been paid and such inputs have actually been used or
are to be used in the manufacture of final products, and such Assistant
Commissioner of Central Excise or the Deputy Commissioner of Central Excise shall record the reasons for not denying the credit in each
case.]
[(e) [***]
(a)
involved in purchase and sale of [yarns
or fabrics falling under Chapter 50, 51, 52, 53, 54, 55, 58 or 60, readymade garments
falling under Chapter 61 or 62? or made
up textile articles falling under Chapter 63 of First Schedule to the Tariff
Act]; or
(b)
undertaking activities pertaining to
manufacture of [yarns
or fabrics falling under Chapter 50, 51, 52, 53, 54, 55, 58 or 60, readymade
garments falling under Chapter 61 or 62?
or made up textile articles falling under Chapter 63 of First Schedule
to the Tariff Act], which is either fully exempt from duties of excise or are
chargeable to ?Nil? rate of duty or the said activity? not amounting to manufacture, being endorsed
in full for the entire consignment covered under the said document by the said
person to any other manufacturer, producer, first stage dealer or second stage
dealer.
Explanation:- For the removal of doubt, it is clarified
that the manufacturer, producer, first stage dealer or second stage dealer, as
the case may be, in whose name such endorsement has been made, shall not be
denied the credit merely on the grounds that the description of the goods
mentioned in such an endorsed document has undergone a change on account of
such an activity been undertaken by such person, as referred to in? sub clause (ii) of this clause on the said
goods.]
[(f) a challan, referred to in rule 8A.]
(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 taking 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 [procured]
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 specified, by notification, by the Board:
Provided that where a manufacturer is availing exemption
under a notification based on the value or quantity of clearances in a
financial year, he shall file a quarterly return in the form specified by
notification by the Board within twenty days after the close of the quarter to
which the return relates.]
[(6) A first stage or a second stage dealer, as the case
may be, shall submit within fifteen days from the close of each quarter of a
year to the Superintendent of Central Excise, a return in the form specified by
notification by the Board.]
RULE 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 [Assistant
Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as
the case may be].
RULE 9. Transitional provision.--
(1)
Any
amount of credit earned by a manufacturer under the CENVAT Credit Rules, 2001, as they existed prior to the 1st 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.
[Provided that the credit of additional duty of customs
levied under sub-section (5) of section 3 of the Customs Tariff Act, 1975 (51
of 1975) shall not be allowed if the invoice or the supplementary invoice, as
the case may be, bears an indication to the effect that no credit of the said
additional duty shall be admissible;]
(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.]
[Rule 9A. Transitional provisions for Textile and Textile Articles.-
(1)
[A manufacturer, producer, first stage dealer or second
stage dealer of goods falling under Chapters 50 to 63 of the First Schedule to
the Tariff Act] shall be entitled to avail credit equal to the duty paid on
inputs of such finished product, lying in stock or in process or contained in
finished products lying in stock as on 31st day of March, 2003 upon
making a written declaration of the description, quantity and value of the
stock of inputs (whether lying in stock or in process or contained in finished
products lying in stock) and subject to availability of the document evidencing
actual payment of duty thereon.
(2)
Notwithstanding anything contained in
sub-rule (1), the manufacturer, producer, first stage dealer or second stage
dealer, as the case may be, referred to in the said sub-rule, who is unable to
produce the document evidencing actual payment of duty, shall be entitled to avail
credit, calculated in a manner referred to in sub-rule (3), on inputs falling
under Chapters 50 to 63 of the First Schedule to the Tariff Act, lying in stock
or in process or contained in finished products lying in stock as on 31st
day of March, 2003 upon making a written declaration of the description,
quantity and value of the stock of each of such goods. The declaration made
under this sub-rule shall exclude quantity of stock declared under sub-rule
(1).
(3)
?(a)?? The
credit of duty on each such input lying in stock and in process 21[shall
be calculated on the basis of such rates or in such manner] as may be notified
by the Central Government in this behalf, having regard to the average price of
such inputs, and the applicable rate of duty and the quantity of input as
declared by the assessee under sub-rule (2).
(b) ?[The
credit of duty oninputs contained in fabrics or garments lying in stock] as on
the 31st day of March, 2003 shall be calculated in the following
manner, namely:-
(i)
where the inputs and the finished products
are covered under notification No. 52/2001-Central Excise (NT) dated the 29th
Ju.e, 2001, subject to such conditions as prescribed under the said
notification, the credit shall be equal to the such rate of credit as may be
notified by the Central Government in this behalf, multiplied by the quantity
of such finished product as declared by the assessee; or
(ii)
where the inputs and the finished products
are covered under notification Nos. 54/2001- Central Excise (NT) dated the 29th
June, 2001, or 6/2002- Central Excise (NT) dated the 1st March 2002,
subject to such conditions as prescribed under the said notifications, the
credit shall be equal to the product of,-
(A)
the?
applicable percentage credits in terms of the said notifications;
(B)
the value of such finished product declared
by the assessee; and
(C)
the duty rate applicable to such final
product in terms of Notification No. 7/2003- Central Excise [dated
the 28th day of February, 2003].
Explanation:-For removal of doubt, it is hereby clarified that the
entire amount of credit as eligible under sub-rule (1) and/or (2) shall be
calculated by the assessee himself who can take credit accordingly. ?.]
[(iii) in all other cases, in such? manner as may be notified by the Central
Government in this behalf.]
[(4)? The
declaration referred to in this rule shall be made on or before the [15th
day of June, 2003]]
[(5) Notwithstanding anything contained in sub-rule (1),
sub-rule (2) or sub-rule (3),-
(a)
in case the manufacturer, producer, first
stage dealer or second stage dealer referred to in sub-rule (1), as the case
may be, who has not made declaration of the goods referred to in the said
sub-rule (1) or sub-rule (2) lying in stock as on the 31st day of
March, 2003, on or before the 30th day of April, 2003, he shall make
a declaration of goods referred to in sub-rule (1) or sub-rule (2), lying in
stock as on the 1st day of April, 2003, and upon making such
declaration he shall be entitled to avail the credit in the similar manner as
referred in sub rule (1), sub-rule (2) or?
sub- rule (3) read with any notification issued thereunder;
(b)
in case the manufacturer, producer, first
stage dealer or second stage dealer , as the case may be, referred to in
sub-rule (1), who has made declaration of the goods referred to in sub-rule (1)
or sub-rule (2) lying in stock as on the 31st day of March, 2003 and
has availed credit in terms of the provision contained in this rule, on or
before the 30th day of April, 2003, he shall make a declaration
afresh, of the stock of the said goods lying as on 1st day of April,
2003 and upon making such declaration he shall be entitled to avail the credit
in the similar manner as referred in sub rule (1), sub-rule (2) or sub-rule (3)
read with any notification issued thereunder. The manufacturer, producer, first
stage dealer or second stage dealer, as the case may be, referred to in
sub-rule (1) shall not be eligible for the credit availed, if any, on the basis
of any declaration of the goods referred to in sub-rule (1) or sub-rule (2)
lying in stock as on the 31st day of March, 2003 made prior to the
30th day of April, 2003:
Provided that nothing
contained in this clause shall apply if there is no difference in the
description, quantity and value in declaration of the said goods lying in stock
as on the 31st day of March, 2003 and on the 1st day of
April, 2003, and the said manufacturer, producer, first stage dealer or second
stage dealer, as the case may be, gives an intimation that the declaration made
earlier may be taken as his declaration of the said goods lying in stock as on
the 1st day of April, 2003.]
[RULE 10.
Special dispensation in respect of inputs manufactured in factories located in
specified areas of North East region, Kutch district of Gujarat, State of Jammu
and Kashmir and State of Sikkim-
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 8th July, 1999? [G.S.R. 508(E), dated the 8th
July, 1999] or No. 33/99- Central Excise, dated the 8th July, 1999
[G.S.R. 509(E), dated the 8th July, 1999] or No. 39/2001-Central
Excise, dated the 31st? July,
2001 [G.S.R.? 565(E), dated the 31st? July, 2001] or notification of the Government
of India in the erstwhile Ministry of Finance and Company Affairs
No.56/2002-Central Excise, dated the 14th November, 2002 ?[G.S.R. 764(E), dated 14th
November, 2002]or notification No.57/2002-Central Excise, dated the 14th
November, 2002? [ GSR 765(E), dated the
14th November, 2002] or notification of the Government of India in
the? Ministry of Finance (Department of
Revenue) No. 56/2003-Central Excise, dated the 25th June, 2003
[G.S.R. 513 (E), dated the 25th June, 2003] or 71/2003-Central
Excise, dated the 9th September, 2003 [G.S.R.717 (E), dated the 9th
September, 2003,? 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.]
RULE 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.
RULE 12. Recovery of CENVAT credit
wrongly taken.--
[Recovery of CENVAT credit wrongly
taken or erroneously refunded. ? Where the CENVAT credit has been taken or
utilised wrongly or has been erroneously refunded, 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.]
RULE 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.
RULE 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 28th
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.
????????? [ANNEXURE-I
CHALLAN
FORM
Printed Serial Number
[See Rule 8A (iv)]
ORIGINAL-
FOR BUYER
DUPLICATE- FOR SUBMISSION ALONGWITH QUARTERLY
RETURN
????????? TRIPLICATE-MANUFACTURERS
OFFICE COPY
1.
Name
and address of the exempted weaver (manufacturer):
2.
Declarant
code: (12 digit code)
3.
Date
of issue;
|
1.
|
Name,
address and central excise Registration No. of the manufacturer or supplier
of yarn
|
|
|
2.
|
Invoice
No./Nos & date/dates .(herein after called the said invoice/invoices)
under which yarn/yarns, used in the manufacture of the unprocessed fabrics
being removed under this challan, were received
|
|
|
3.
|
Description
of yarns (the invoice No./Nos. of which is mentioned in number 2 above) with
identification nos. or marks
|
|
|
4.
|
(a)
(a)
(a)
Total Quantity (in Kgs./meters)
of yarns received under the said invoice/invoices,
(b) Total assessable value (in Rs.) of
yarns received under the said invoice/invoices.
|
|
|
5.
|
(a)
(a)
(a)
Total Quantity (in
Kgs./meters) attributable to yarns used in the manufacture of the unprocessed
fabrics being removed under this challan.
(b) Total assessable value (in Rs.)
attributable to yarns used in the manufacture of the unprocessed fabrics
being removed under this challan.
|
|
|
6.
|
(a)
(a)
Total
amount of excise duty (in Rs.) paid on yarns received under the said
invoice/invoices.
(b)
(b)
Total
amount of excise duty (in Rs.) attributable to inputs used in the manufacture
of the unprocessed fabrics being removed under this challan.
|
|
|
7.
|
Nature of Processes carried out
|
|
|
8.
|
Name,
address and registration No. of the manufacturer to whom the goods are being
sent (i.e. traders or processors)
|
|
|
9.
|
Date and time of dispatch of fabrics
|
|
|
10.
|
Description of goods despatched
|
|
|
11.
|
Quantity
(Kgs/meters) and value of fabrics dispatched
|
|
|
12.
|
Cumulative
clearance value of fabrics (in 000 Rs.), inclusive of the clearances made
under this challan of fabrics, during the financial year
|
|
DECLARATION
It is hereby declared that-
(a)
due
central excise duty/additional duty of customs has been paid on the above
inputs;
(b)
the
above mentioned quantity of inputs, having the value mentioned above, have been
used in the manufactured of the fabrics being cleared under this challan and
under the cover of invoice No. ----------- and dated---------------;and
(c)
the
correct amount of ?excise duty
attributable to the yarn used in the manufacture of fabrics cleared under this
challan has been shown against number 6(b) above.
(Signature of Proprietor/Partner/Authorised
person)
ANNEXURE-II
TEXTILE
QUARTERLY STATEMENT FORM
[See Rule 8A(v)]
1.
RETURN
FOR THE QUARTER ENDING ON------------
2.
NAME
AND ADDRESS OF THE EXEMPTED WEAVER (MANUFACTURER):
3.
DECLARANT
CODE: (12 DIGIT CODE)
4.
DETAILS
OF INPUTS RECEIVED (TO BE GIVEN SEPARATELY FOR EACH TYPE OF YARN);
|
Opening
balance
|
Receipt
during quater
|
Consumed during quater
|
Closing
balance
|
|
1.Quantity
(in
Kgs /meters)
2.
Value (in Rs.)
3.Excise
duty involved (in Rs.)
|
1.Quantity
(in
Kgs /meters)
2.
Value (in Rs.)
3.Excise
duty involved (in Rs.)
|
1.Quantity
(in
Kgs /meters)
2.
Value (in Rs.)
3.Excise
duty involved (in Rs.)
|
1.Quantity
(in
Kgs /meters)
2.
Value (in Rs.)
3.Excise
duty involved (in Rs.)
|
|
1.
2.
3.
|
1.
2.
3.
|
1.
2.
3.
|
1.
2.
3.
|
5.
?DETAILS OF FABRICS CLEARED DURING THE QUARTER
(TO BE GIVEN SEPARATELY FOR EACH TYPE OF FABRICS)
|
Opening
balance
|
Manufactured
during quater
|
Removed
during quater
|
Closing
balance
|
|
1.Quantity
(in
Kgs /meters)
2.
Value (in Rs.)
3.Credit
of excise duty involved (in Rs.)
|
1.Quantity
(in
Kgs/ meters)
2.
Value (in Rs.)
3.Credit
of excise duty involved (in Rs.)
|
1.Quantity
(in
Kgs/ meters)
2.
Value (in Rs.)
3.Credit
of excise duty passed on (in Rs.)
|
1.Quantity
(in
Kgs/ meters)
2.
Value (in Rs.)
3.Credit
of excise duty involved (in Rs.)
|
|
1.
2.
3.
|
1.
2.
3.
|
1.
2.
3.
|
1.
2.
3.
|
6.
CUMULATIVE
VALUE OF CLEARNCE DURING THE FINANCIAL YEAR, SINCE 1ST MAY 2003 (In
Rs.)------------------------------------------------
7.
ENCLOSE
DUPLICATE COPIES OF CHALLAN SERIAL NOS. (FROM)--------(TO)---------------
8.
ENCLOSE
ORIGINAL COPIES OF INPUT DUTY PAID INVOICES
DECLARATION
I hereby declare that the facts stated above are true and
correct.
(Signature of Proprietor/Partner/Authorized
person)]
FORM 'A'
Application for Refund of CENVAT Credit Under Rule 5 of
the CENVAT Credit Rules, 2002
(Refund relating to quarter or month -)
To
The Deputy/Assistant Commissioner of Central
Excise,
Sir,
I/We
have exported under-mentioned quantity and description of the goods to ______.
A copy of the relevant Bill of Lading, Shipping Bill or Export Application is also attached.
I/We am/are not in a position to utilize the CENVAT credit of duty paid on
inputs allowed under rule 3 of the CENVAT Credit Rules, 2002, in
respect of final products exported under bond during the quarter or month
_______. I/We request that refund of this credit may be granted.
1.
Particulars of the goods exported.
(i)
Full description of the goods.
(ii)
Full description of the inputs going into
such exported products and credit availed of in respect of such inputs under
rule 3.
2.
Relevant extracts of the records maintained
under the CENVAT Credit Rules, 2002 or the deemed credit register maintained in respect of
textile fabrics, as the case may be, in respect of such input duty credit.
3.
Number and date of Bill of
Lading or Shipping Bill or Export applica?tion.
4.
Amount of refund claimed.
I/We
certify that the aforesaid particulars are correct and I/we am/are the rightful
claimant(s) to the refund of excise duty due thereon which may be allowed in
my/our favour.
I/We
undertake to refund, on demand being made, within six months of the date of
payment any refund erroneously paid to me/us.
I/We
declare that no separate claim for rebate of duties in respect of excis?able
materials used in the manufacture of the goods covered by this application has
been or will be made under the Customs and the Central Excise Duties Draw?back
Rules, 1971 or under claim for rebate under the Central Excise
Rules, 2002.
I/We
declare that we have not filed/will not file any other claim for re?fund under rule 5 for
the same quarter, or month to which this claim relates.
Signature and full address of the claimant
(s)
_______________________________________________________________________________________
Refund Order No.
_______
Date_____________
The
claim of Shri /Messrs. __________ has been scrutinized with the
relevant Bill of Lading or Shipping Bill or Export application and refund of
Rs.__________(Rs._____) is sanctioned.
Date
_____________
Deputy/Assistant Commissioner of Central
Excise____________
Forwarded
to -
(1)
The Chief Accounts Officer, Central Excise,
for information and necessary action.
(2)
The Commissioner of Central Excise
___________
Date________
Deputy/Assistant Commissioner of Central
Excise_______
______________________________________________________________________________________
Passed for payment of Rs.___________(Rs._______).
The? amount is adjustable under Head
,"038-Union Excise Duties-Deduct Refunds".
Date__________
Chief Accounts Officer
_______________________________________________________________________________________
Cheque No. _______dated________issued in favour of
Shri/Messrs ____________ for Rs. __________ (Rs._______).
Date_______
Chief Accounts Officer
_______________________________________________________________________________________
Received Cheque No.
__________ dated __________ for Rs._______________ (Rs.________).
Dated___________
Signature of claimant
[See sub-rule (5) of rule 7)]
Monthly Return under
Rule 7 of the Cenvat Credit Rules, 2002
INPUTS
|
Sl. No.
|
Type of document
|
Number and date of document
|
Name of the supplier
|
Type of supplier
|
ECC number of the supplier
|
Date on which inputs received
|
Value
|
Details of credit taken
|
|
CENVAT
|
SED
|
AED (TTA)
|
AED (GSI)
|
Addl. Duty
|
Other
|
|
For the main item in the document
|
|
Description
|
Sub-head?ing
|
Qty.
|
CAPITAL GOODS
|
Sl. No.
|
Type of docu?ment
|
Number and Date of docu?ment
|
Name of the supplier
|
Type of supplier
|
ECC number of the supplier
|
Date on which capital goods received
|
Value
|
Details of credit taken
|
|
CEN VAT
|
SED
|
AED (TTA)
|
AED (GSI)
|
Addl. Duty
|
Ot?her
|
|
For the main item in the document
|
|
Description
|
Sub-head?ing
|
Qty.
|
ABSTRACT
A.
INPUT CREDIT
|
|
Opening balance
|
Credit taken during the month
|
Credit utilized during the month
|
Closing balance
|
|
CENVAT
|
|
|
|
|
|
SED
|
|
|
|
|
|
AED
(TTA)
|
|
|
|
|
|
AED
(GSI)
|
|
|
|
|
|
ADDL.
DUTY
|
|
|
|
|
|
OTHER
(pl. specify)
|
|
|
|
|
B.
CAPITAL GOODS CREDIT
|
|
Opening balance
|
Credit taken during the month
|
Credit utilized during the month
|
Closing balance
|
|
CENVAT
|
|
|
|
|
|
SED
|
|
|
|
|
|
AED
(TTA)
|
|
|
|
|
|
A ED
(GSI)
|
|
|
|
|
|
ADDL.
DUTY
|
|
|
|
|
|
OTHER (pl. specify)
|
|
|
|
|
Place
:
Date :
????????????????????????????????????????????????????????????????????? Signature
of the assessee or the authorised signatory
????????????????????????????????????????????????????????????????????? Name
in capital letters
????????????????????????????????????????????????????????????????????? Designation
????????????????????????????????????????????????????????????????????? Seal
of the assessee
Substituted vide Notification No. 12/2004 NT
dated 09.07.2004 relating to CENVAT Credit (Amendment ) Rules, 2004. Text prior
to substitution read as under:
Substituted vide
Notification No 25/2003NT dated 25.03.2003 relating to CENVAT Credit (Third
Amendment) Rules, 2003 w.e.f. 25.03.2003. Text prior to amendment read as
under:
Substituted vide
Notification No 28/2003 NT dated 01.04.2003 related to CENVAT Credit (Sixth
Amendment) Rules, 2003 w.e.f. 01.04.2003 Text prior to amendment read as under:
Substituted vide Notification No. 12/2004 NT
dated 09.07.2004 relating to CENVAT Credit (Amendment ) Rules, 2004. Text prior
to substitution read as under:
? [(v) the National Calamity Contingent duty leviable under section 136 of
the Finance Act, 2001 (14 of 2001), as amended by section 169 of the Finance
Act, 2003 (32 of 2003)]
?[(vi) the additional duty of excise
leviable under sub-clause (1) of clause 149 of the Finance Bill, 2003, which
clause has, by virtue of the declaration made in the said Finance Bill under
the Provisional Collection of Taxes Act, 1931 ( 16 of 1931), the force of law.]
Substituted vide Notification No 65/2003 NT dated
09.09.2003 relating to CENVAT Credit (Seventeenth Amendment Rules), 2003.
Earlier amended vide Notification No 57/2003NT dated 25.06.2003. Text prior to
substitution read as under:
?Substituted vide Notification No 70/2003 NT dated 15.09.2003 relating to
CENVAT Credit (Eighteen Amendment ) Rules, 2003. Text prior to substitution
read as under:
?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 rend with notification No. 8/97-Ccnlral Excise,
dated the 1st March, 1997, number G.S.R. 114 (E), dated the 1st March, 1997 or
No. 20/2002-Central Excise, dated the 1st 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 4th January, 1995, number G.S.R. 189 (E), dated
the 4th January, 1995, shall be admissible equivalent to the amount calculated
in the following manner, namely :-
Substituted vide
Notification No. 12/2004 NT dated 09.07.2004 relating to CENVAT Credit
(Amendment ) Rules, 2004. Text prior to substitution read as under:
? [?(b) CENVAT credit in
respect of -
????? i.
the additional duty of excise leviable under section 3 of
the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40
of 1978);
????? ii.
the National Calamity Contingent duty leviable under
section 136 of the Finance Act, 2001 (14 of 2001) as amended by section 169 of
the Finance Act, 2003 (32 of 2003);
????? iii. the
additional duty leviable under section 3 of the Customs Tariff Act, equivalent
to the duty of excise specified under sub-clauses (i) and (ii); and
????? iv. the
additional duty of excise leviable under section 157 of the Finance Act, 2003
(32 of 2003),
?Substituted vide Notification No 25/2003 NT dated 25.03.2003 relating to
CENVAT Credit (Third Amendment) Rules, 2003 w.e.f. 25.03.2003. Text prior to
amendment read as under:
Omitted vide Notification
No. 12/2004 NT dated 09.07.2004 relating to CENVAT Credit (Amendment ) Rules,
2004. Text prior to omission read as under:
Substituted vide
Notification No 28/2003NT dated 01.04.2003 related to CENVAT Credit (Sixth
Amendment) Rules, 2003 w.e.f. 01.04.2003. Text prior to amendment read as
under:
Substituted vide
Notification No 28/2003NT dated 01.04.2003 related to CENVAT Credit (Sixth
Amendment) Rules, 2003 w.e.f. 01.04.2003. Text prior to amendment read as
under:
Substituted
vide Notification No 70/2003 NT dated 15.09.2003 relating to CENVAT Credit
(Eighteen Amendment ) Rules, 2003. Text prior to substitution read as under:
?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 11[form-1] annexed to these rules.
Substituted vide
Notification No 70/2003 NT dated 15.09.2003 relating to CENVAT Credit (Eighteen
Amendment) Rules, 2003. Earlier text had been inserted vide Notification No
18/2003NT dated 13.03.2003 w.e.f 1.04.2003. Text prior to substitution read as
under:
Omitted vide Notification No.
12/2004 NT dated 09.07.2004 relating to CENVAT Credit (Amendment ) Rules, 2004.
Text prior to omission read as under:
????????? ?8A. Transfer of credit by
exempted textile manufacturer,- (1) An independent weaver of fabrics, not
subjected to any process, falling under Chapters 51, 52, 54, 55, 58 or 60 of
the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986)
(hereinafter in this rule referred to as the First Schedule to the? Central Excise Tariff Act) and which are
exempted from the whole of the duty of excise leviable thereon under the said
First Schedule to the? Central Excise
Tariff Act and the First Schedule to the Additional Duties of Excise(Goods of
Special Importance) Act, 1957 (58 of 1957),?
shall observe the following procedure for the purposes of transfer of
the credit of duty paid on the inputs, falling under Chapter 51, 52, 54 or 55
of the First Schedule to the Central Excise Tariff Act, used in the manufacture
of the said fabrics, to the buyer of the said fabrics, namely:-
(i)
the said independent weaver shall obtain a declarant code from the
Superintendent of Central Excise having jurisdiction in this behalf, in terms
of the provision contained in notification No. 36/2001-Central Excise(N.T.),
dated the 26th June, 2001 (G.S.R. 465(E), dated the 26th June, 2001);
(ii)
the said independent weaver shall receive the said inputs on the basis of
documents? referred to under clause (a),
(b), (c), (d) or (e) of sub-rule (1) of rule 7;
(iii)
the said independent weaver shall maintain records of receipt, disposal,
consumption and inventory of the inputs in the same manner as specified in
respect of manufacturers of? final
products in? sub-rule (4) of Rule 7;
(iv) no
such fabrics shall be removed from the factory except under an invoice (not to
be considered to have been issued in terms of the provisions of Central Excise
Rules, 2002 for the purposes of being a document under sub-rule (1) of rule7)
and a challan, and the? challan shall be
in a format specified in the Annexure-I to these rules as ?CHALLAN FORM? and
shall bear pre-printed serial numbers and shall be in triplicate for the
following purposes, namely:-
(a)
original- for buyer
(b)
duplicate- for submission alongwith quarterly return
(c)
triplicate-manufacturers office copy;
(v)
the said independent weaver shall submit within fifteen days from the close of
each quarter of a year to the Superintendent of Central Excise having
jurisdiction in this behalf, a statement in the format specified in Annexure-II
to these rules, enclosing all duplicate copies of challan issued during the
quarter in respect of such fabrics.
Substituted vide Notification No 43/2003NT
relating to CENVAT Credit (Twelfth Amendment) Rules, 2003 dated 12.05.2003.
Text prior to amendment was amended by Notification No.34/2003 NT dated
12.04.2003 which read as under:
Substituted vide Notification No 28/2003NT dated
01.04.2003 related to CENVAT Credit (Sixth Amendment) Rules, 2003 w.e.f.
01.04.2003. Text prior to amendment read as under:
Substituted vide Notification No 28/2003NT dated
01.04.2003 related to CENVAT Credit (Sixth Amendment) Rules, 2003 w.e.f.
01.04.2003. Text prior to amendment read as under:
?Substituted vide Notification No 52/2003NT dated 06.06.2003 relating to
CENVAT Credit ( Fourteenth Amendment) Rules, 2003. Text prior to amendment was
amended vide Notification No 43/2003 NT dated 12.05.2003 relating to CENVAT
Credit (Twelfth Amendment) Rules, 2003 which read as under:
Substituted vide Notification No 65/2003 NT dated
09.09.2003 relating to CENVAT Credit (Seventeenth Amendment Rules), 2003.
Earlier amended vide Notification No 57/2003NT dated 25.06.2003. Text prior to
substitution read as under:
Substituted by CENVAT Credit
(Third Amendment) Rules, 2003 w.e.f 1.04.2003. Text prior to amendment read as
under: