TMI BlogCenvat CreditX X X X Extracts X X X X X X X X Extracts X X X X ..... 978); (iv) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 ( 58 of 1957) (v) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001); (vi) the Education Cess on excisable goods leviable under section 91 read with section 93 of the Finance (No.2) Act, 2004 (23 of 2004); [1,2] (via) the Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007 (22 of 2007); [3] (vii) the additional duty leviable under section 3 of the Customs Tariff Act, equivalent to the duty of excise specified under clauses (i), (ii), (iii), (iv), (v) , (vi) and (via); 40 [*********] (viia) the additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act. Provided that a provider of taxable service shall not be eligible to take credit of such additional duty; (viii) the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003); (ix) the se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provider of output service shall be allowed to take CENVAT credit of the Krishi Kalyan Cess on taxable services leviable under section 161 of the Finance Act, 2016 (28 of 2016) ; ] (2) Notwithstanding anything contained in sub-rule (1), the manufacturer or producer of final products shall be allowed to take CENVAT credit of the duty paid on inputs lying in stock or in process or inputs contained in the final products lying in stock on the date on which any goods manufactured by the said manufacturer or producer cease to be exempted goods or any goods become excisable. (3) Notwithstanding anything contained in sub-rule (1), in relation to a service which ceases to be an exempted service, the provider of the output service shall be allowed to take CENVAT credit of the duty paid on the inputs received on and after the 10th day of September, 2004 and lying in stock on the date on which any service ceases to be an exempted service and used for providing such service. (4) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x on any output service: Provided also that the CENVAT credit of any duty mentioned in sub-rule (1), other than credit of additional duty of excise leviable under section 85 of Finance Act, 2005 (18 of 2005 ) shall not be utilised for payment of said additional duty of excise on final products [13] Provided also that the CENVAT credit of any duty specified in sub-rule (1), except the National Calamity Contingent duty in item (v) thereof, shall not be utilized for payment of the 42 [National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001)] 41 [Provided also that the CENVAT credit of any duty specified in sub-rule (1) shall not be utilised for payment of the Swachh Bharat Cess leviable under sub-section (2) of section 119 of the Finance Act, 2015 (20 of 2015) :] 18 [ 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) ] 43 [Provided also that CENVAT credit shall not be utilised for payment of Infrastructure Cess leviable under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re cleared as waste and scrap, the manufacturer shall pay an amount equal to the duty leviable on transaction value.] 6 [(5B) If the value of any, (i) input, or (ii) capital goods before being put to use, 25 [on which CENVAT credit has been taken is written off fully or partially or where any provision to write off fully or partially has been made in the books of account then] the manufacturer or service provider, as the case may be, shall pay an amount equivalent to the CENVAT credit taken in respect of the said input or capital goods: Provided that if the said input or capital goods is subsequently used in the manufacture of final products or the provision of 32 [ output services ] , the manufacturer or output service provider, as the case may be, shall be entitled to take the credit of the amount equivalent to the CENVAT credit paid earlier subject to the other provisions of these rules.] 35 [***] [7] (5C).- Where on any goods manufactured or produced by an assessee, the payment of duty is ordered to be remitted under rule 21 of the Central Excise Rules, 2002, the CENVAT credit taken on the inputs used in the manufactur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods cleared on or after 1st March, 2006 from an export oriented undertaking or by a unit in Electronic Hardware Technology Park or in a Software Technology Park, as the case may be, on which such unit pays excise duty under section 3 of the Excise Act read with serial number 2 of the notification no. 23/2003-Central Excise dated 31st March, 2003 [G.S.R. 266(E), dated the 31st March, 2003] shall be equal to 16 {X multiplied by [(1+BCD/200) multiplied by (CVD/100)].} 17 [ Provided further that the CENVAT credit in respect of inputs and capital goods cleared on or after the 7 th September, 2009 from an export-oriented undertaking or by a unit in Electronic Hardware Technology Park or in a Software Technology Park, as the case may be, on which such undertaking or unit has paid - (A) excise duty leviable under section 3 of the Excise Act read with serial number 2 of the notification no. 23/2003-Central Excise, dated 31st March, 2003 [G.S.R. 266(E), dated the 31st March, 2003]; and (B) the Education Cess leviable under section 91 read with section 93 of the Finance (No. 2) Act, 2004 and the Secondary and Higher Education Cess leviable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 136 of the Finance Act, 2001 (14 of 2001), or the education cess on excisable goods leviable under section 91 read with section 93 of the said Finance (No.2) Act, 2004 (23 of 2004), or the Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007 (22 of 2007) or the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003), or the education cess on taxable services leviable under section 91 read with section 95 of the said Finance (No.2) Act, 2004 (23 of 2004), or the Secondary and Higher Education Cess on taxable services leviable under section 136 read with section 140 of the Finance Act, 2007 (22 of 2007), or the additional duty of excise leviable under section 85 of the Finance Act, 2005 (18 of 2005) respectively, on any final products manufactured by the manufacturer or for payment of such duty on inputs themselves, if such inputs are removed as such or after being partially processed or on any output service; Provided that the credit of the education cess on excisable goods and the education cess on taxable services can be utilized, either for payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yment of service tax on any output service.] Explanation.- For the removal of doubts, it is hereby declared that the credit of the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) paid on or after the 1st day of April, 2000, may be utilised towards payment of duty of excise leviable under the First Schedule or the Second Schedule to the Excise Tariff Act; [12] (c) the CENVAT credit, in respect of additional duty leviable under section 3 of the Customs Tariff Act, paid on marble slabs or tiles falling under tariff items 2515 12 20 and 2515 12 90 respectively of the First Schedule to the Excise Tariff Act shall be allowed to the extent of thirty rupees per square meter; Explanation.- Where the provisions of any other rule or notification provide for grant of whole or part exemption on condition of non-availability of credit of duty paid on any input or capital goods, or of service tax paid on input service, the provisions of such other rule or notification shall prevail over the provisions of these rules. 48 [ (d) Cenvat credit in respect of Kri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision to write off fully has been made in the books of account, then the manufacturer shall pay an amount equivalent to the CENVAT credit taken in respect of the said input or capital goods: Provided that if the said input or capital goods is subsequently used in the manufacture of final products, the manufacturer shall be entitled to take the credit of the amount equivalent to the CENVAT Credit paid earlier subject to the other provisions of these rules. ] 7. Sub-rule 5C has been inserted vide Notification No 33/2007 CE (NT) dated 7/9/2007 8. Sub-clause (iiia) has been substituted by Notification No. 27/2007 CE(NT) dated 12/5/2007, before it was read as the Secondary and Higher Education Cess on excisable goods leviable under clause (126) read with clause (128) of the Finance Bill, 2007, which by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16 of 1931), has the force of law;) 9. After sub-clause (iii), sub-clause (iiia) has been inserted,:- vide Notification No. 10/2007 CE (NT) dated 1/3/2007 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 180 days as may be permitted by the jurisdictional Deputy Commissioner of Central Excise, or Assistant Commissioner of Central Excise, as the case may be, of their removal. 15. Has been added vide Notification No. 35/2008 CE (NT) dated 24/9/2008 16. For the expression X multiplied by [(1+BCD/400) multiplied by (CVD/100)] , the expression X multiplied by [(1+BCD/200) multiplied by (CVD/100)] has been substituted vide Notification No. 48/2008 CE (NT) dated 5/12/2008 17. Inserted vide notification no. 22/2009 CE(NT) dated 7-9-2009 18. In rule 3 , in sub-rule (4), after the fourth proviso, the proviso has been inserted, vide Notification No. 26/2010-Central Excise (N.T.), dated 29.06.2010 19. Inserted vide notification no. 3/2011 CE(NT) dated 1.3.2011 w.e.f. 1.3.2011 Further Substituted vide Notification No. 21/2012 - Central Excise (N.T.), dated 27/03/2012, before it was read as:- Provided that CENVAT credit of such duty of excise shall not be allowed to be taken when paid on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (5A) If the capital goods are cleared as waste and scrap, the manufacturer shall pay an amount equal to the duty leviable on transaction value. 28. Substituted vide Notification No.28/2012-Central Excise (N.T), Dated 20/06/2012 , before it was read as:- provider of taxable service 29. Inserted vide (w.e.f. 18-4-2006) by Section 71 read with Eight Schedule of the Finance Act, 2011 (8 of 2011) 30. Inserted vide Notification No.28/2012-Central Excise (N.T), Dated 20/06/2012 31. Substituted vide Notification No.28/2012-Central Excise (N.T), Dated 20/06/2012 , before it was read as:- premises of 32. Substituted vide Notification No.28/2012-Central Excise (N.T), Dated 20/06/2012 , before it was read as:- taxable services 33. Inserted vide Notification No. 3/2013-Central Excise (N.T.), Dated 1/03 2013. 34. Substituted vide Notification No. 12 /2013-CE (NT) September 27, 2013 , before it was read as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up falling under tariff item 8908 00 00 of the First Schedule to the Customs Tariff Act;] 41. Inserted vide Not. 02/2016 - Dated 3-2-2016. 42. Substituted vide Not. 13/2016 - Dated 1-3-2016, w.e.f. 1st March, 2016, before it was read as, said National Calamity Contingent duty on goods falling under tariff items 8517 12 10 and 8517 12 90 respectively of the First Schedule of the Central Excise Tariff 43. Inserted vide Not. 13/2016 - Dated 1-3-2016, w.e.f. 1st March, 2016 44. Substituted vide Not.27/2016 - Dated 14-5-2016 , before it was read as, sub-clause (1) of clause 159 of the Finance Bill, 2016 : 45. Inserted vide Not. 28/2016 - Dated 26-5-2016 w.e.f. 1st of June, 2016 46. Inserted vide Not. 28/2016 - Dated 26-5-2016 w.e.f. 1st of June, 2016 47. Inserted vide Not. 28/2016 - Dated 26-5-2016 w.e.f. 1st of June, 2016 48. Inserted vide Not. 28/2016 - Dated 26-5-2016 w.e.f. 1st of June, 2016 - - statute, statutory provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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