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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.