NTF. NO. 34/2003-CE(N.T.), DT. 10/04/2003

Amendments in the CENVAT Credit Rules, 2002

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 CENVAT Credit Rules, 2002, namely:-

1. (1) These rules may be called the CENVAT Credit (Seventh Amendment) Rules, 2003.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the CENVAT Credit Rules, 2002,-

(i) in rule 3, after sub-rule (4), the following shall be inserted, namely,-

"(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Provided that such option once exercised by the said dealer, shall not be withdrawn during the remaining part of the financial year;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)."

(ii) in rule 9A,-

(A) in sub-rule (1), for the words and figures "A manufacturer, producer, first stage dealer or second stage dealer of yarn and unprocessed fabrics falling under Chapter 50, 51, 52, 53, 54, 55, 58, 59 or 60 of the First Schedule to the Tariff Act or a manufacturer of processed fabrics falling under Chapter 50, 51, 52, 53, 54, 55, 58, 59 or 60 of the First Schedule to the Tariff Act", the words and figures "A manufacturer, producer, first stage dealer or second stage dealer of yarn or fabrics falling under Chapter 50, 51, 52, 53, 54, 55, 58, 59 or 60 of the First Schedule to the Tariff Act" shall be substituted;

(B) in sub-rule (4), for the figures and words "7th Day of April, 2003", the figures and words "15th day of April, 2003" shall be substituted.

[F.No. B3/4/2003-TRU (Pt-1)]

(Alok Shukla)
Deputy Secretary to the Government of India

Footnote.- The principal rules were published in the Gazette of India vide notification No. 5/2002-Central Excise (N.T.), dated the 1st March, 2002, vide number GSR 144 (E), dated the 1st March, 2002, and were last amended vide notification No. 28/2003-Central Excise (N.T.), dated the 1st April, 2003, vide number GSR 292 (E), dated the 1st April, 2003.

[F.No. B3/4/2003-TRU(Pt)]

(Alok Shukla)
Deputy Secretary to the Government of India

Presented by eximkey.com