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Notification No-38/2004-CE(N.T.), Dated 25.11.2004
Amendments in the CENVAT Credit Rules, 2004
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, 2004, namely,-
1. (1) These rules may be called the CENVAT Credit (Second Amendment) Rules,
2004.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. In the CENVAT Credit Rules, 2004, after rule 9, the following rule shall be
inserted, namely,-
“ 9A. – Information relating to principal inputs. -
(1) A manufacturer of final products shall furnish to the Superintendent of
Central Excise, annually by 30th April of each Financial Year, a declaration in
the Form specified, by a notification, by the Board, in respect of each of the
excisable goods manufactured or to be manufactured by him, the principal inputs
and the quantity of such principal inputs required for use in the manufacture of
unit quantity of such final products:
Provided that for the year 2004-05, such information shall be furnished latest
by 31st December, 2004.
(2) If a manufacturer of final products intends to make any alteration in the
information so furnished under sub-rule (1), he shall furnish information to the
Superintendent of Central Excise together with the reasons for such alteration
before the proposed change or within 15 days of such change in the Form
specified by the Board under sub-rule (1).
(3) A manufacturer of final products shall submit, within ten days from the
close of each month, to the Superintendent of Central Excise, a monthly return
in the Form specified, by a notification, by the Board, in respect of
information regarding the receipt and consumption of each principal inputs with
reference to the quantity of final products manufactured by him.
(4) The Central Government may, by notification and subject to such conditions
or limitations, as may be specified in such notification, specify manufacturers
or class of manufacturers who may not be required to furnish declaration
mentioned in sub-rule (1) or monthly return mentioned in sub-rule (3).
Explanation: For the purposes of this rule, “principal inputs”, means any
input which is used in the manufacture of final products where the cost of such
input constitutes not less than 10% of the total cost of raw-materials for the
manufacture of unit quantity of a given final products.”
[F.No.224/52/2004-CX 6]
(NEERAV KUMAR MALLICK)
Under Secretary to the Government of India
Note: The principal rules were published in the Gazette of India vide
notification No. 23/2004-CE (N.T.), dated the 10th
September, 2004 [G.S.R.600 (E), dated the 10th September, 2004] and were last
amended by notification No.24/2004-Central Excise (N.T),
dated the 27th September, 2004 [G.S.R. 617 (E), dated the 27th September, 2004].