Notification No. 46/2003 - Central Excise (N.T.)

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14^th May, 2003.

Notification No. 46/2003 - Central Excise (N.T.)

In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2002, namely:-

1. (1) These rules may be called the CENVAT Credit (Twelfth Amendment) Rules, 2003.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the CENVAT Credit Rules, 2002, in rule 3,

(A) in sub-rule (1),-0

(a) for clause (v), the following clause shall be substituted, namely:-

“(v) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001), as amended by section 169 of the Finance Act, 2003 (32 of 2003);” ;

(b) in clause (vi), for the brackets, letter, word and figure “(v) above,”, the brackets, letter, words and figure “(v) above; and” shall be substituted;

(c) for clause (vii), the following clause shall be substituted, namely:-

“(vii) the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003),”;

(B) in sub-rule (6), for clause (b), the following clause shall be substituted, namely:-

“(b) CENVAT credit in respect of -

(i) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978);

(ii) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001) as amended by section 169 of the Finance Act, 2003 (32 of 2003);

(iii) the additional duty leviable under section 3 of the Customs Tariff Act, equivalent to the duty of excise specified under sub-clauses (i) and (ii); and

(iv) the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003),

shall be utilized only towards payment of duty of excise leviable under the said Additional Duties of Excise (Textiles and Textile Articles) Act, or the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001) as amended by section 169 of the Finance Act, 2003 (32 of 2003), or the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003), 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.

Explanation.- For removal of doubts, it is clarified 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), may be utilised towards payment of duty of excise leviable under the First Schedule or the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986).”.

V.Sivasubramanian
Deputy Secretary to the Government of India

F.No.B-6/1/2003-TRU

Foot note.- The principal rules were published in the Gazette of India vide notification No.5/2002-Central Excise (N.T.), dated the 1^st March, 2002, vide number GSR 144 (E), dated the 1^st March, 2002 and were last amended vide notification No.43/2003-Central Excise (N.T.), dated the 12^th May, 2003 number GSR 392(E), dated the 12^th May, 2003.

1.	(1) These rules may be called the CENVAT Credit (Twelfth Amendment) Rules, 2003.
	(2) They shall come into force on the date of their publication in the Official Gazette.
2.	In the CENVAT Credit Rules, 2002, in rule 3,
	(A)	in sub-rule (1),-0
		(a)	for clause (v), the following clause shall be substituted, namely:-
			“(v) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001), as amended by section 169 of the Finance Act, 2003 (32 of 2003);” ;
		(b)	in clause (vi), for the brackets, letter, word and figure “(v) above,”, the brackets, letter, words and figure “(v) above; and” shall be substituted;
		(c)	for clause (vii), the following clause shall be substituted, namely:-
			“(vii) the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003),”;
	(B)	in sub-rule (6), for clause (b), the following clause shall be substituted, namely:-
		“(b)	CENVAT credit in respect of -
		(i)	the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978);
		(ii)	the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001) as amended by section 169 of the Finance Act, 2003 (32 of 2003);
		(iii)	the additional duty leviable under section 3 of the Customs Tariff Act, equivalent to the duty of excise specified under sub-clauses (i) and (ii); and
		(iv)	the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003),
		shall be utilized only towards payment of duty of excise leviable under the said Additional Duties of Excise (Textiles and Textile Articles) Act, or the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001) as amended by section 169 of the Finance Act, 2003 (32 of 2003), or the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003), 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.