NTF. NO. 18/2003-CE(N.T.), DT. 13/03/2003

Amendment 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 (hereinafter referred to as the said rules), namely:-

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

(ii) They shall come into force on the 1st day of April, 2003.

2. In rule 3 of the said rules, in sub-rule (3), for the brackets, figures, words and letters beginning with “(3) The CENVAT credit” and ending with the words “removed as such”, the following’ [OLD - for sub-rule (3), the following sub rule ] shall be substituted, namely:-

(Bold words has been corrected vide Corrigendum, Dt. 15/10/2003)

(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.

3. In the said rules, the form annexed thereto shall be numbered as ëForm-1í and after Form-1, as so numbered, the following form shall be inserted, namely:-

Form-2
(See sub-rule (6) of rule 7)

Quarterly Return under Rule 7 of the CENVAT Credit Rules, 2002 for the Registered Dealers

Return for the quarter ending -----------------

1. Name of the first stage/second stage dealer

2. Excise registration number

3. Address

4. Particulars of invoices issued by first stage/second stage dealer:

S.No.	\Invoice No. with date	For the main item in the document*
		Description of the goods	Central Excise Tariff Heading	Quantity	Amount of duty involved (Rs.)

5. Particulars of the documents based on which the credit is passed on:

S.No.	Invoice/ Bill of entry No. with date	Name and address of the manufacturer/ importer or the first stage dealer (as the case may be)	For the main item in the document*
			Description of goods	Central Excise Tariff Heading	Amount of duty involved (Rs.)

*Give details with respect to the item with maximum duty covered by the document

Place:

Date:

Signature of the registered person or the authorised signatory

Name in capital letters
Designation
Seal of the registered dealer

4. In rule 7 of the said rules, -

(i) in sub-rule (5), for the word, ëformí, the word and figure ëform-1í shall be substituted;

(ii) after sub-rule (5) and the Explanation, the following sub rule shall be inserted, namely:-

(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 form-2 annexed to these rules.

5. For rule 12 of the said rules, the following rule shall be substituted, namely:-

12. 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.

[F.No.201/9/2003-CX.6]

(VIJAY MOHAN JAIN)
Under Secretary to the Government of India

Note: The principal rules were published in the Gazette of India vide notification No. 5/2002-CE (NT), dated the 1st March, 2002[G.S.R. 144(E) dated the 1st March, 2002] and were last amended vide notification No.13/2003-CE(NT), dated the 1st March, 2003[G.S.R.153(E) dated the 1st March, 2003].

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