9911796707
TMI BlogAmendment to RulesX X X X Extracts X X X X X X X X Extracts X X X X ..... se (ii), the following clause shall be substituted with effect from the 1st day of April, 1987, namely :- "(ii) is classifiable under heading No. or sub-heading No. of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), as may be specified in the notification issued under sub-rule (1) of rule 56A.". 3. In rule 49 of the said rules, in sub-rule (4), for clause (ii) the following clause shall be substituted with effect from the 1st day of April, 1987, namely :- "(ii) is classifiable under heading No. or sub-heading No. of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), as may be specified in the notification issued under sub-rule (1) of rule 56A, and". 4. In rule 56A of the said rules, — (a) in s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iv), the following clause shall be inserted, namely :- "(v) plywood for tea chests.". 6. For rule 57E of the said rules, the following rule shall be substituted, namely :- "57E. Adjustment in duty credit.— If duty paid on any inputs in respect of which credit has been allowed under rule 57A, is varied subsequently — (i) due to any reason resulting in payment of refund to the manufacturer or the importer of the inputs; or (ii) due to change in the classification of the inputs on the basis of instructions issued by the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963) resulting in recovery of more duty from the manufacturer or the importer of the inputs, the credit allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ituted. 9. In rule 57H of the said rules, — (a) for sub-rule (1), the following sub-rule shall be substituted, namely :- "(1) Notwithstanding anything contained in rule 57G, the Assistant Collector of Central Excise may allow credit of the duty paid on inputs received by a manufacturer immediately before obtaining the dated acknowledgement of the declaration made under the said rule if he is satisfied that — (i) such inputs are lying in stock or are received in the factory on or after the 1st day of March, 1987, or (ii) such inputs are used in the manufacture of final products which are cleared from the factory on or after the 1st day of March, 1987, and that no credit has been taken by the manufacturer in respect of such inputs under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacture of such final products (hereinafter referred to as "inputs"), to which alone the provisions of this section shall apply; and (b) the rates at which the credit of money is to be given for use of such inputs in the manufacture of final products. (2) When a notification has been so issued under sub-rule (1), credit at rates specified therein may be allowed for use of such inputs in the manufacture of such final products and the credits so allowed may be utilised for payment of duty on the final products, subject to the provisions in this Section and the conditions if any, stipulated in the said notification. 57L. Credit not to be allowed if final products are exempt.— No credit of money on the inputs used in the manufacture of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under rule 57O : Provided that the credit in respect of inputs used in the final products cleared for export under bond shall be allowed to be utilised towards the payment of duty of excise similar final products cleared for home consumption on payment of duty. (2) No part of the credit allowed shall be utilised save as provided in sub-rule (1). 57O. Procedure to be observed by the manufacturer.— (l) Every manufacturer intending to take credit under this section shall file a declaration with the Assistant Collector of Central Excise having jurisdiction over his factory, indicating the description of the final products manufactured in his factory and the inputs intended to be used in each of the said final products and such other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken may be disallowed by the proper officer and the amount so disallowed shall be adjusted in the credit account or the account current maintained by the manufacturer under rule 9 or sub-rule (1) of rule 173G, or if such adjustments are not possible for any reason, by cash recovery from the manufacturer of the final products : Provided that such manufacturer may make such adjustments on his own in the credit account or account current maintained by him under intimation to the proper officer.". 11. In rule 173 G of the said rules, in sub-rule (1), in clause (bb), for the words "credit of duty", wherever they occur, the words "credit of duty or money" shall be substituted. 12. In rule 209 of the said rules, in sub-rule (1), in clause (bb) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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