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Seeks to amend Cenvat Credit Rules 2004

Central Excise - 06/2015 - Dated:- 1-3-2015 - [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) NOTIFICATION No. 06/2015-Central Excise (N.T.) New Delhi, the 1st March, 2015 G.S.R. 151 (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 rul .....

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of the job worker, in case goods are sent directly to the job worker on the direction of the manufacturer or the provider of output service, as the case may be," shall be inserted; (ii) in the third proviso, for the words "six months", the words "one year" shall be substituted; in sub-rule (2), in clause (a), after the words "for captive use within the factory," the words "or in the premises of the job worker, in case capital goods are sent directly to the .....

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manufacture of intermediate goods necessary for the manufacture of final products or any other purpose, and it is established from the records, chal I ans or memos or any other document produced by the manufacturer or the provider of output service taking the CENVAT credit that the inputs or the products produced therefrom are received back by the manufacturer or the provider of output service, as the case may be, within one hundred and eighty days of their being sent from the factory or premise .....

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are sent to a job worker for further processing, testing, repair, re-conditioning or for the manufacture of intermediate goods necessary for the manufacture of final products or any other purpose, and it is established from the records, challans or memos or any other document produced by the manufacturer or the provider of output service taking the CENVAT credit that the capital goods are received back by the manufacturer or the provider of output service, as the case may be, within two years o .....

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, as the case may be, by the manufacturer or the provider of output service, the manufacturer or the provider of output service shall pay an amount equivalent to the CENVAT credit attributable to the inputs or capital goods, as the case may be, by debiting the CENVAT credit or otherwise, but the manufacturer or the provider of output service may take the CENVAT credit again when the inputs or capital goods, as the case may be, are received back in the factory or in the premises of the provider o .....

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of input service and the service tax paid or payable as indicated in the invoice, bill or, as the case may be, challan referred to in rule 9 is not made within three months of the date of the invoice, bill or, as the case may be, challan, the manufacturer or the service provider who has taken credit on such input service, shall pay an amount equal to the CENVAT credit availed on such input service, except an amount equal to the CENVAT credit of the tax that is paid by the manufacturer or the ser .....

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hall be substituted. 3. In the said rules, in rule 5, in Explanation 1, after clause (1), the following clause shall be inserted, namely:- "(1A) "export goods" means any goods which are to be taken out of India to a place outside India". 4. In the said rules, in rule 6, in sub-rule (1), after the proviso, the following Explanations shal I be inserted, namely: - "Explanation 1. - For the purposes of this rule, exempted goods or final products as defined in clauses (d) and .....

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d at the end, namely:- "Provided that provisions of this sub-rule shall apply mutatis mutandis to an importer who issues an invoice on which CENVAT credit can be taken.". 6. In the said rules, in rule 12AAA, - after the words "restrictions on a manufacturer" , the words "registered importer," shall be inserted. after the words "suspension of registration in case of , the words "an importer or" shalI be inserted. 7. In the said rules, for rule 14, the .....

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CENVAT credit has been taken and utilised wrongly or has been erroneously refunded, the same shall be recovered along with interest from the manufacturer or the provider of output service, as the case may be, and the provisions of sections 11A and 11AA of the Excise Act or sections 73 and 75 of the Finance Act, 1994, as the case may be, shall apply mutatis mutandis for effecting such recoveries. (2) For the purposes of sub-rule (1), all credits taken during a month shall be deemed to have been .....

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