Circular No. 592/29/2001-CX
19^th October, 2001

F.No.208/32/2001-CX.6
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

Subject: Central Excise – Instructions relating to Adjudication in the Central Excise Manual – Regarding – 

            I am directed to draw your attention to sub-para 2.1 of Part-II of Chapter 13 of the Central Excise Manual where in powers of adjudication and determination of duty, based on duty involved in a case has been specified. Powers for deciding matters relating to CENVAT Credit has not been specified clearly, though the same were specified in CBEC Circular No. 299/15/97 dated 27.2.1997, (as modified) that all cases of MODVAT dispute were to be adjudicated by Deputy/Assistant Commissioners except the cases involving fraud, collusion, wilful mis-statement, suppression of facts, contravention of Central Excise Act/Rules with intent to evade payment of duty etc. This has created some doubts.

2.        The Board has decided that in respect of the matters relating to CENVAT Credit, the powers of adjudication specified Circular No. 299/15/97 dated 27.2.1997, (as modified) would continue. In other words, all cases relating to CENVAT credit (Other than cases involving fraud, collusion, wilful mis-statement, suppression of facts, contravention of Central Excise Act/Rules with intent to evade payment of duty) will be decided by officers of the ranks of Deputy/Assistant Commissioner of Central Excise, irrespective of the amount of credit involved in each case. The instructions in the Manual may be treated as modified to this extent.

3. The Trade and field formations may suitably be informed.

4. Receipt of this Circular may please be acknowledged.

5. Hindi version will follow.