transitional provision under cenvat rule11, Central Excise

[raj kumar shukla]

TRANSITIONAL PROVISIONS UNDER RULE 11 OF CENVAT CREDIT RULES 2004

iS THERE ANY DIFFERENCE BETWEEN RULE 11(2) AND RULE 11(3)(i) OF Cenvat Credit Rules, 2004. BOTH APPEAR TO BE CONVEYING SAME MEANING. IF SO WHY TWO SUBRULES.

Posts / Replies

[sunil ahuja]

Rule 11(2)  is regarding lapse of remaining credit... while Rule 11(3)(i) speaks about payment of amount in cash  incase there is in-sufficient balance.

[raj kumar shukla]

I am afraid i can not agree with you as both Rules talk about payment of amount equivalent to credit and lapsing of credit.

[Dilip Darji]

Historically there was a provision [ Rule 11 (2) ] to reverse Cenvat Credit in case if SSI opts for CENVAT facility. In respect of any other exemption, under section 5A of central Excise Act,1944 (otherthan exemption based on value of the goods), there was no such provision till 28/02/77. Therefore there were many decisions of higher authorities to the effect that there is no need to reverse CENVAT Credit on the stock lying on the date of availing the option. To over-ride situation,Rule 11 (3) (i) was inserted from 01/03/2007.
Rule 11(2) is for SSI Unit only( exemption based on value of clearances). Rule 11 (3) (i) is for any notification issued under section 5A.