Government of India

Ministry of Finance

(Department of Revenue)

New Delhi, the 29th June, 2010.

Notification No. 26/ 2010-Central Excise (N.T.)

G.S.R. 565 (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, 2010.

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

2. In the CENVAT Credit Rules, 2004, in rule 3, in sub-rule (4), after the fourth proviso, the following proviso shall be inserted, namely:-

Provided also that the CENVAT credit of any duty specified in sub-rule (1) shall not be utilized for payment of the Clean Energy Cess leviable under section 83 of the Finance Act, 2010 (14 of 2010) :

[F.No. 354/ 72/2010 TRU]

(K.S.V.V. Prasad) 

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 No. 23/2004-Central Excise (N.T.) dated the 10th September 2004, published vide G.S.R. 600(E), dated the 10th  September, 2004 and last amended by Notification No. 25/2010-Central Excise (N.T.) dated 22nd June  2010, published vide G.S.R. 542(E), dated the 22nd June  2010.