[TO BE PUBLISHED IN GAZETTE OF INDIA, EXTRAORDINARY, PART –II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No. 21 /2017 - Central Excise (N.T.)
New Delhi, the 30
th
June, 2017
G.S.R. (E).- In exercise of the powers conferred by sub-rule (2) of rule 15 of CENVAT
Credit Rules, 2017, the Central Government hereby directs that a manufacturer who was
registered under Central Excise Act, 1944 (hereinafter referred as ‘manufacturer’), to
evidence payment of duty of excise specified in the First Schedule to the erstwhile Central
Excise Tariff Act, 1985, paid on goods manufactured and cleared by him under the cover of
an invoice before the 1
st
day of July, 2017 (hereinafter referred to as ‘such date’), may issue a
document called Credit Transfer Document (hereinafter referred to as ‘CTD’) to a person
(hereafter referred to as ‘dealer’) who was not registered under the Central Excise Act, 1944
but is registered under the provisions of Central Goods and Services Tax Act, 2017
(hereinafter referred to as ‘CGST Act, 2017’) and is in possession of such manufactured
goods held in stock on the such date, subject to such limitations, conditions and procedures as
specified below:
1. (i) The value of such goods is more than rupees twenty-five thousand per piece;
(ii) goods bear the brand name of the manufacturer or the principal manufacturer and are
identifiable by a distinct number such as chassis or engine number of a car;
(iii) verifiable records of clearance and duty payment relatable to each piece of such goods is
maintained by the manufacturer and are made available for verification on demand by a
Central Excise officer;
(iv) the CTD shall be serially numbered and shall contain the Central Excise registration
number, address of the concerned Central Excise Division, name, address and GSTIN
number of the person to whom it is issued, description, classification, invoice number with
date of removal, mode of transport and vehicle registration number, rate of duty, quantity,
value and duty of excise specified in the First Schedule to the erstwhile Central Excise Tariff
Act, 1985 paid thereon;
(v) the manufacturer is satisfied that the dealer to whom CTD is issued is in possession of
such manufactured goods in the form in which it was cleared by him;
(vi) the CTD shall be issued within 45 days of such date and copy of the corresponding
invoice(s) shall be enclosed with it;
(vii) copies of all invoices relating to sale and purchase of the goods from manufacturer to the
dealer, including intermediate dealer(s), if any, is maintained by the dealer availing credit
using CTDs;
(viii) CTD shall not be issued in favour of a dealer to whom invoice was issued for the same
goods before such date;
(ix) a dealer availing credit using CTD on manufactured goods shall not be eligible to avail
credit under provision of sub-rule (4) of rule 117 of Central Goods and Services Tax Rules,
2017 on identical goods manufactured by the same manufacturer available in the stock of the
dealer;
(x) a dealer availing credit on the basis of CTD shall, at the time of making supply of such
goods, mention the corresponding CTD number in the invoice issued by him under section 31
of the CGST Act, 2017;
2. Where a manufacturer issues a CTD such that credit of central tax is availed twice on the
same goods under the provisions of CGST Act, 2017 and the rules made thereunder, he shall
be jointly and severally responsible for excess credit availed by the dealer and provisions for
recovery of credit, interest and penalty under the CENVAT Credit Rules, 2017 shall apply
mutatis-mutandis on such manufacturer.
3. A manufacturer issuing a CTD shall submit details thereof in table 1 of TRANS 3 on
common portal within sixty days of the appointed date.
4. A dealer availing credit on CTD shall submit details thereof in table 2 of TRANS 3 on
common portal within sixty days of the appointed date.
5. A manufacturer issuing CTD shall maintain record in the form TRANS 3A and such
record shall be made available to the Central Excise officer for verification on demand.
6. A dealer availing credit on CTDs shall maintain record in the form TRANS 3B and such
record shall be made available to the Central Excise officer for verification on demand.
Trans 3
Table 1. To be filled by manufacturer issuing CTD
S.
No.
GSTIN of the
dealer whom CTD
is issued
Total no.
of CTDs
issued
No. of
invoices
against
which
CTDs have
been
issued
Total
quantity
for which
CTD
issued
Total
value of
Goods for
which
CTDs have
been
issued
Central
Excise
duty paid
on such
goods
Trans 3
Table 2. To be filled by dealer availing Credit on CTD
S.
No.
GSTIN of the
manufacturer
issuing CTDs
Total no.
of CTD
received
No. of
invoices
against
which
CTDs
have been
issued
Total
quantity
for
which
CTD
issued
Total
value of
Goods
for
which
CTD has
been
issued
Central
Excise
duty paid
on such
goods
Credit
availed
by the
dealer
Trans 3A
1. Documents to be maintained by the manufacturer issuing CTDs
S.
No.
CTD
No.
Invoices
no.
against
which
CTD has
been
issued
Invoice
date
Months in
which these
clearances
were made
against the
invoices
GSTIN Nos. of
all intermediate
buyers and
sellers through
whom the goods
have passed
Value of
Goods
Central
Excise
duty
paid
Trans 3B
1. Documents to be maintained by the dealer availing credit on CTDs
S.
No.
CTD
No.
Invoice
no(s).
against
which CTD
has been
issued
Months in
which these
clearances
were made
against the
invoices
GSTIN Nos. of
all intermediate
buyers and
sellers through
whom the goods
have passed
Value of
goods
Central Excise
duty paid on
them
2. They shall come into force on the 1
st
day of July, 2017.
[F. No. 267/22/2017-CX.8]
(ROHAN)
Under Secretary to the Government of India
