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9
th
September, 2003.
Notification No. 65/2003 - 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 to amend the CENVAT Credit Rules, 2002, namely:-
1. (1) These rules may be called the CENVAT Credit ( Seventeenth 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,-
(a) in rule 3 , in sub-rule (3), for the third proviso, the following proviso shall be substituted, namely:-
"Provided also that the CENVAT credit of the duty paid on the inputs used in the manufacture of final products cleared after
availing of the exemption under the notifications No. 39/2001-Central Excise, dated the 31
st
July, 2001 [G.S.R. 565 (E), dated
the 31
st
July, 2001], No.56/2002-Central Excise, dated the 14
th
November, 2002 [G.S.R. 764(E), dated the 14
th
November,
2002], No.57/2002-Central Excise, dated 14
th
November, 2002 [G.S.R. 765(E), dated the 14
th
November, 2002], notification
of the Government of India in the Ministry of Finance (Department of Revenue) No.56/2003-Central Excise, dated the 25
th
June, 2003 [G.S.R. 513 (E), dated the 25
th
June, 2003], and No. 71/2003-Central Excise, dated the 9
th
September, 2003
[G.S.R. 717 (E), dated the 9
th
September, 2003], shall respectively be utilized only for payment of duty on final products, in
respect of which exemption under the said notifications No.39/2001-Central Excise, dated the 31
st
July, 2001, No.56/2002-
Central Excise, dated the 14
th
November, 2002, No.57/2002-Central Excise, dated 14
th
November, 2002, No.56/2003-
Central Excise, dated the 25
th
June, 2003, and No.71/2003-Central Excise, dated the 9
th
September, 2003, is availed of.".
(b) for rule 10, the following rule shall be substituted, namely:-
"RULE 10. Special dispensation in respect of inputs manufactured in factories located in specified areas of North East region,
Kutch district of Gujarat, State of Jammu and Kashmir and State of Sikkim- Notwithstanding anything contained in these rules,
where a manufacturer has cleared any inputs or capital goods, in terms of notifications of the Government of India in the
Ministry of Finance (Department of Revenue) No. 32/99- Central Excise, dated the 8
th
July, 1999 [G.S.R. 508(E), dated the 8
th
July, 1999] or No. 33/99- Central Excise, dated the 8
th
July, 1999 [G.S.R. 509(E), dated the 8
th
July, 1999] or No. 39/2001-
Central Excise, dated the 31
st
July, 2001 [G.S.R. 565(E), dated the 31
st
July, 2001] or notification of the Government of India
in the erstwhile Ministry of Finance and Company Affairs No.56/2002-Central Excise, dated the 14
th
November, 2002 [G.S.R.
764(E), dated 14
th
November, 2002]or notification No.57/2002-Central Excise, dated the 14
th
November, 2002 [ GSR
765(E), dated the 14
th
November, 2002] or notification of the Government of India in the Ministry of Finance (Department of
Revenue) No. 56/2003-Central Excise, dated the 25
th
June, 2003 [G.S.R. 513 (E), dated the 25
th
June, 2003] or 71/2003-
Central Excise, dated the 9
th
September, 2003 [G.S.R.717 (E), dated the 9
th
September, 2003, the CENVAT credit on such
inputs or capital goods shall be admissible as if no portion of the duty paid on such inputs or capital goods was exempted
under any of the said notifications.".
G.S.Karki
Under Secretary to the Government of India
F.No. 356/56/2001-TRU
Note: The principal rules were published in the Gazette of India vide notification No. 5/2002-Central Excise (N.T.), dated the 1st
March, 2002, vide number G.S.R. 144 (E), the 1st March, 2002 and were last amended vide notification No.57/2003-Central
Excise (N.T.), dated the 25
th
June, 2003, vide number G.S.R. 516 (E), dated the 25
th
June, 2003.