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RECENT AMENDMENTS IN CENVAT CREDIT PROVISIONS - PART-I

Service Tax - By: - Dr. Sanjiv Agarwal - Dated:- 27-5-2015 Last Replied Date:- 28-5-2015 - Recently, Cenvat Credit Rules have been amended by way of various Notifications from different dates. This write-up explains these changes briefly. Rule 3 Utilization of education cesses for payment of basic excise duty (Amendments w.e.f. 1.4.2015) Vide Notification No. 12/2015-CE (NT) dated 30.04.2015, Rule 3(7) (b) of the Cenvat Credit Rules, 2004 has been amended by inserting proviso to the said sub-rul .....

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n the factory of manufacture of final product in the financial year 2014-15; and Education Cess and Secondary & Higher Education Cess on input services received by the manufacturer of final product on or after the 1st day of March, 2015. Rule 4 Amendments w.e.f. 1.3.2015 Vide Notification No. 6/2015-CE(NT) dated 1.3.2015, amendments have been made w.e.f. 1.3.2015 in Rule 4 by way of amendments in sub-rules (1), (2), (5) and (7). These have the following effect - increase in time limit for .....

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rectly sent to job worker. The goods sent to job worker can be moved to another job worker as well. However, it shall be ensure that the goods are received back by the manufacturer within 180 days from the date of sending such goods. In case the goods are sent to job worker premises without first receiving into factory by manufacturer, then 180 days shall be counted from date of receipt of goods by job worker. Amendment w.e.f. 1st March, 2015 W.e.f. 1st March 2015, time limit for availment of C .....

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d by words 'one year' in third proviso of Rule 4(1) of Cenvat Credit Rules, 2004. The amendment w.e.f. 1.3.2015 of allowing time limit of one year instead of six months shall make the amendment made w.e.f. 1.9.2014 redundant because it would cover period of March to September 2014 also. Further, those who could not claim Cenvat credit of invoices issued prior to September, 2014 can now do so as the time limit has been raised from one month to one year. Thus, on all eligible invoices of l .....

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ed w.e.f. 1.4.2015 by the following - Provided that in respect of input service where whole or part of the service tax is liable to be paid by the recipient of service, credit of service tax payable by the service recipient shall be allowed after such service tax is paid: Provided further that in case the payment of the value 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 .....

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credit of the amount equivalent to the CENVAT credit paid earlier subject to the other provisions of these rules Thus, w.e.f. 1.4.2015, Cenvat Credit of Service Tax paid under partial reverse charge by the service receiver will be allowed without linking it to the payment to the service receiver. Prior to 01.04.2015, Cenvat credit to service receiver under partial reverse charge was allowed only if payment of provision of service had been made to the service provider. Where Service Tax is requir .....

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dingly 'export goods' means any goods which are to be taken out of India to a place outside India for the purpose of claiming of refund under Rule 5 of Cenvat Credit Rules, 2004. It may be noted that this definition, is different from the definition of 'export' under Rule 18 of Central Excise Rules which has also been amended from 1.3.2015 vide Notification No. 8/2015-CE (NT) dated 1.3.2015. For that purpose, export means taking goods out of India to a place outside India and inc .....

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es (SEZs) as export goods in view of the language used in the definition. Rule 6 Amendments w.e.f. 1.3.2015 Vide Notification No. 6/2015-CE(NT) dated 1.3.2015, following two explanations have been added in Rule 6(1) - Explanation 1. - For the purposes of this rule, exempted goods or final products as defined in clauses (d) and (h) of rule 2 shall include non-excisable goods cleared for a consideration from the factory. Explanation 2. - Value of non-excisable goods for the purposes of this rule, .....

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