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25
th
June, 2003.
Notification No. 57/2003 - 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 (Sixteenth 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] and
No.56/2003-Central Excise, dated the 25
th
June, 2003 [G.S.R. 513 (E), dated the 25
th
June, 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 and No.56/2003-Central Excise, dated the 25
th
June, 2003, is availed.".
(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 25
th
June, 2003 [G.S.R. 513 (E), dated the 25
th
June,
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.".
V.Sivasubramanian
Deputy 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.54/2003-Central
Excise (N.T.), dated 9
th
June, 2003, vide number GSR 465 (E), dated the 9
th
June, 2003.