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Amend CENVAT credit Rules, 2004 so as to amend certain provisions under the Rules.
March, 27th 2012
[TO BE PUBLISED IN THE GAZETTE OF INDIA, EXTRAORDINARY , PART II,
SECTION 3, SUB SECTION (i)]
                                     Government of India
                                     Ministry of Finance
                                    Department of Revenue

                    Notification No. 18/2012 ­ Central Excise (N.T.)

                                                           New Delhi, the17 th March, 2012
      G.S.R. (E).- In exercise of the powers conferred by section 37 of the Central
Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the
Central Government hereby makes the following rules further to amend the CENVAT
Credit Rules, 2004, namely : -
1.   (1)          These rules may be called the CENVAT Credit (Third Amendment)
     Rules, 2012.
     (2)        Save as otherwise provided in these rules, they shall come into force on
     the 1st day of April, 2012.
2.   In the CENVAT Credit Rules, 2004 (hereinafter referred to as the said rules), in
     rule 2, --
     (a)        in clause (a), -
              (i) in sub-clause (A), -
              (A)      in item (vi), the word and occurring at the end, shall be omitted;
              (B)      in item (vii), for the words storage tank,, the words storage
                    tank; and shall be substituted;
              (C)      after item (vii),as so amended, the following item shall be inserted,
                    namely:--
                         (viii) motor vehicles other than those falling under tariff
                    headings 8702, 8703, 8704, 8711 and their chassis,;
       (ii)    in sub-clause (B), after the words motor vehicle, the words and figures
               falling under tariff headings 8702, 8703, 8704, 8711 and their chassis,
               shall be inserted;
       (iii) for sub-clause (D), the following sub-clause shall be substituted,
               namely:--
               (D)       components, spares and accessories of motor vehicles which are
               capital goods for the assessee;;
     (b)     in clause (l), for sub-clause (B), the following sub-clauses shall be
     substituted, namely: --
     (B)       specified in sub-clauses (o) and (zzzzj) of clause (105) of section 65 of the
     Finance Act, in so far as they relate to a motor vehicle which is not a capital
     goods; or
     (BA)      specified in sub-clauses (d) and (zo) of clause (105) of section 65 of the
     Finance Act, except when used by --
           (a) a manufacturer of a motor vehicle in respect of           a motor vehicle
           manufactured by him; or
           (b) a provider of output service as specified in sub-clause (d) of clause (105)
           of section 65 of the Finance Act, in respect of a motor vehicle insured or
           reinsured by him; or.

3.   In rule 3 of the said rules,-

     (a) in sub-rule (5), the third proviso shall be omitted with effect from the 17 th
     day of March, 2012.

     (b) for sub-rule (5A), the following sub-rule shall be substituted with effect from
     the 17th day of March, 2012, namely :-

      (5A) If the capital goods, on which CENVAT credit has been taken, are
     removed after being used, whether as capital goods or as scrap or waste, the
     manufacturer or provider of output services shall pay an amount equal to the
     CENVAT Credit taken on the said capital goods reduced by the percentage
     points calculated by straight line method as specified below for each quarter of
     a year or part thereof from the date of taking the CEVAT Credit, namely:-

            (a) for computers and computer peripherals :

           for each quarter in the first year @ 10%

           for each quarter in the second year @ 8%

           for each quarter in the third year @ 5%

           for each quarter in the fourth and fifth year @ 1%
            (b) for capital goods, other than computers and computer peripherals @
        2.5% for each quarter:

             Provided that if the amount so calculated is less than the amount equal to
        the duty leviable on transaction value, the amount to be paid shall be equal to
        the duty leviable on transaction value..

  4.    In rule 4 of the said rules,-
        (a) in sub-rule (1), after the first proviso, the following proviso shall be inserted,
        namely:-
                   Provided further that the CENVAT credit in respect of inputs may be
              taken by the provider of output service when the inputs are delivered to
              such provider, subject to maintenance of documentary evidence of
              delivery and location of the inputs.;
        (b) in sub-rule 2, in clause (a), after the third proviso, the following proviso
        shall be inserted, namely: --
                   Provided also that the CENVAT credit in respect of capital goods
               may be taken by the provider of output service when the capital goods
               are delivered to such provider, subject to maintenance of documentary
               evidence of delivery and location of the capital goods..
    5. For rule 5 of the said rules, the following rule shall be substituted, namely:-
         5. Refund of CENVAT Credit. - (1)               A manufacturer who clears a final
         product or an intermediate product for export without payment of duty under
         bond or letter of undertaking, or a service provider who provides an output
         service which is exported without payment of service tax, shall be allowed
         refund of CENVAT credit as determined by the following formula subject to
         procedure, safeguards, conditions and limitations, as may be specified by the
         Board by notification in the Official Gazette:


Refund amount = (Export turnover of goods+ Export turnover of services) x Net CENVAT credit
                                        Total turnover
        Where,-
           (A) Refund amount means the maximum refund that is admissible;
           (B) Net CENVAT credit means total CENVAT credit availed on inputs and
               input services by the manufacturer or the output service provider
       reduced by the amount reversed in terms of sub-rule (5C) of rule 3,
       during the relevant period;
   (C) Export turnover of goods means the value of final products and
       intermediate products cleared during the relevant period and exported
       without payment of Central Excise duty under bond or letter of
       undertaking;
   (D) Export turnover of services means the value of the export service
       calculated in the following manner, namely:-
   Export turnover of services = payments received during the relevant period for
   export services + export services whose provision has been completed for
   which payment had been received in advance in any period prior to the
   relevant period ­ advances received for export services for which the provision
   of service has not been completed during the relevant period;
   (E) Total turnover mea ns sum total of the value of -
       (a) all excisable goods cleared during the relevant period including
            exempted goods, dutiable goods and excisable goods exported;
     (b)     export turnover of services determined in terms of clause (D) of sub-
             rule (1) above and the value of all other services, during the relevant
             period; and
     (c)     all inputs removed as such under sub-rule (5) of rule 3 against an
             invoice, during the period for which the claim is filed.
(2) This rule shall apply to exports made on or after the 1st April, 2012:
           Provided that the refund may be claimed under this rule, as existing,
prior to the commencement of the CENVAT Credit (Third Amendment) Rules,
2012, within a period of one year from such commencement:
       Provided further that no refund of credit shall be allowed if the
manufacturer or provider of output service avails of drawback allowed under
the Customs and Central Excise Duties and Service Tax Drawback Rules, 1995,
or claims rebate of duty under the Central Excise Rules, 2002, in respect of
such duty; or claims rebate of service tax under the Export of Services Rules,
2005 in respect of such tax.




Explanation 1.- For the purposes of this rule,-
      (1) export service means a service which is provided as per the provisio ns of
      Export of Services Rules, 2005, whether the payment is received or not;
      (2) relevant period means the period for which the claim is filed.
      Explanation 2.-For the purposes of this rule, the value of services, shall be
      determined in the same manner as the value for the purposes of sub-rule (3)
      and (3A) of rule 6 is determined..
6.   In rule 6 of the said rules,-
     (a)      in sub-rule (3),-
       (i)    in clause (i), for the words five per cent., the words six per cent.
       shall be substituted;
       (ii)   in the second proviso, for the words five per cent., the words six per
       cent. shall be substituted;
     (b) sub-rule (3C) shall be omitted;
     (c) after sub-rule (3D), -
        (i)   in Explanation I , in clause (b), for the brackets figures and letter (7),
       (7B), the brackets, figures and letters (7),(7A),(7B) shall be substituted;


       (ii)   in Explanations II and III, for the brackets, figures ,letters and word ,
       (3B) and (3C) wherever they occur, the word, brackets, figure and letter
       and (3B) shall be substituted.
7.   For rule 7 of the said rules, the following rule shall be substituted, namely: --
     `7. Manner of distribution of credit by input service distributor. - The input
     service distributor may distribute the CENVAT credit in respect of the service
     tax paid on the input service to its manufacturing units or units providing
     output service, subject to the following conditions, namely:--

      (a)     the credit distributed against a document referred to in rule 9 does not
     exceed the amount of service tax paid thereon;

      (b)     credit of service tax attributable to service used in a unit exclusively
     engaged in manufacture of exempted goods or providing of exempted services
     shall not be distributed;

      (c)     credit of service tax attributable to service used wholly in a unit shall be
     distributed only to that unit; and
        (d)     credit of service tax attributable to service used in more than one unit
      shall be distributed prorata on the basis of the turnover of the concerned unit
      to the sum total of the turnover of all the units to which the service relates.
       Explanation 1 .- For the purposes of this rule, unit includes the premises of a
      provider of output service and the premises of a manufacturer including the
      factory, whether registered or otherwise.
      Explanation 2.- For the purposes of this rule, the total turnover shall be
      determined in the same manner as determined under rule 5.'
8.   In rule 9 of the said rules, in sub-rule (1), for clause (e), the following clause
     shall be substituted, namely:-
     (e) a challan evidencing payment of service tax, by the service recipient as the
     person liable to pay service tax; or.
9.   After rule 10 of the said rules, the following rule shall be inserted, namely:-
     10A. Transfer of CENVAT credit of addit ional duty leviable under sub-section
     (5) of section 3 of the Customs Tariff Act. -- (1) A manufacturer or producer of
     final products, having more than one registered premises, for each of which
     registration under the Central Excise Rules, 2002 has been obtained on the
     basis of a common Permanent Account Number under the Income-tax Act, 1961
     (43 of 1961), may transfer unutilised CENVAT credit of additional duty leviable
     under sub-section (5) of section 3 of the Customs Tariff Act, lying in balance
     with one of his registered premises at the end of a quarter, to his other
     registered premises by --

          (i) making an entry for such transfer in the documents maintained under
                rule 9;
          (ii) issuing a transfer challan containing registration number, name and
                address of the registered premises transferring the credit and receiving
                such credit, the amount of credit transferred and the particulars of such
                entry as mentioned in clause (i),
     and such recipient premises may take CENVAT credit on the basis of the
     transfer challan:

              Provided that nothing contained in this sub-rule shall apply if the
     transferring and recipient registered premises are availing the benefit of the
      following notifications of the Government of India in the Ministry of Finance
      (Department of Revenue), namely:-

            (i)             No. 32/99-Central Excise, dated the 8th July, 1999 [G.S.R.
                            508(E), dated the 8th July, 1999];
            (ii)            No. 33/99-Central Excise, dated the 8th July, 1999 [G.S.R.
                            509(E), dated the 8th July, 1999];
            (iii)           No. 39/2001-Central Excise, dated the 31st July, 2001 [G.S.R.
                            565 (E), dated the 31st July, 2001];
            (iv)            No. 56/2002-Central Excise, dated the 14th November, 2002
                            [G.S.R. 764(E), dated the 14th November, 2002];
            (v)             No. 57/2002-Central Excise, dated the 14th November, 2002
                            [G.S.R.. 765(E), dated the 14th November, 2002];
            (vi)            No. 56/2003-Central Excise, dated the 25th June, 2003
                            [G.S.R. 513 (E), dated the 25th June, 2003];
            (vii)           No. 71/2003-Central Excise, dated the 9th September, 2003
                            [G.S.R. 717 (E), dated the 9th September, 2003];
            (viii)          No.20/2007-Central Excise, dated the 25th April, 2007
                            [G.S.R. 307 (E), dated the 25th April, 2007]; and
            (ix)            No. 1/2010-Central Excise dated the 6th February, 2010 [G.S.R.
                            62 (E), dated the 6th February, 2010].


      (2) The manufacturer or producer shall submit the monthly return, as specified
      under these rules, separately in respect of transferring and recipient registered
      premises.;


10.   In rule 12A of the said rules, -
      (a)          in sub-rule (1), in the third proviso, -
            (i) in item (vii), the word and occurrin g at the end, shall be omitted;
            (ii) in item (viii), for the brackets, letters, figures and words  [ G.S.R. 307
                   (E), dated the 25th April, 2007], the brackets, letters, figures and
                   words [G.S.R. 307 (E), dated the 25th April, 2007]; and shall be
                   substituted;
             (iii)   after item (viii), as so amended, the following item shall be inserted,
                 namely:-
                 (ix)   No. 1/2010-Central Excise, dated the 6th February, 2010 [G.S.R.
                 62 (E), dated the 6th February, 2010];
       (b)       in sub-rule (4), in the second proviso,-
             (i) in item (vii), the word and occurring at the end, shall be omitted;
             (ii) in item (viii), for the brackets, letters, figures and words  [ G.S.R. 307
                 (E), dated the 25th April, 2007], the brackets, letters, figures and
                 words [G.S.R. 307 (E), dated the 25th April, 2007]; and sh all be
                 substituted;
             (iii)   after item (viii), as so amended, the following item shall be inserted,
                 namely:-
                 (ix)   No. 1/2010-Central Excise, dated the 6th February, 2010 [G.S.R.
                 62 (E), dated the 6th February, 2010];
11. In rule 14 of the said rules, with effect from the 17th day of March, 2012,-


    (a)       for the words taken or utilised wrongly, the words taken and utilised
    wrongly shall be substituted;
    (b) for the word, figures and letters and 11AB, the word, figures and letters
    and 11AA shall be substituted.
                                                                 [F. No. 334/1/2012-TRU]




                                                                         (Samar Nanda)
                                              Under Secretary to the Government of India


Note. - The principal rules were published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i), dated the 10th September, 2004, vide notification
number 23/2004-Central Excise (N.T.), dated the 10th September, 2004, vide
number G.S.R. 600(E), dated the 10th September, 2004] and was last amended vide
notification number 3/2012- Central Excise (N.T.), dated the 12th March, 2012, vide
number G.S.R. 138(E), dated the 12th March, 2012.



 
 
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