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30th April, 2003
Notification No. 40 /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 (Tenth 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
9A, after
sub-rule (4),
the following
sub-rule
shall be
inserted,
namely,-
"(5) Notwithstanding anything contained in sub-rule (1), sub-rule (2) or sub-rule (3),-
(a) in case the manufacturer, producer, first stage dealer or second stage dealer referred to in sub-rule (1), as
the case may be, who has not made declaration of the goods referred to in the said sub-rule (1) or sub-rule (2)
lying in stock as on the 31
st
day of March, 2003, on or before the 30
th
day of April, 2003, he shall make a
declaration of goods referred to in sub-rule (1) or sub-rule (2), lying in stock as on the 1
st
day of April, 2003, and
upon making such declaration he shall be entitled to avail the credit in the similar manner as referred in sub rule
(1), sub-rule (2) or sub- rule (3) read with any notification issued thereunder;
(b) in case the manufacturer, producer, first stage dealer or second stage dealer , as the case may be, referred
to in sub-rule (1), who has made declaration of the goods referred to in sub-rule (1) or sub-rule (2) lying in stock
as on the 31
st
day of March, 2003 and has availed credit in terms of the provision contained in this rule, on or
before the 30
th
day of April, 2003, he shall make a declaration afresh, of the stock of the said goods lying as on
1
st
day of April, 2003 and upon making such declaration he shall be entitled to avail the credit in the similar
manner as referred in sub rule (1), sub-rule (2) or sub-rule (3) read with any notification issued thereunder. The
manufacturer, producer, first stage dealer or second stage dealer, as the case may be, referred to in sub-rule
(1) shall not be eligible for the credit availed, if any, on the basis of any declaration of the goods referred to in
sub-rule (1) or sub-rule (2) lying in stock as on the 31
st
day of March, 2003 made prior to the 30
th
day of April,
2003:
Provided that nothing contained in this clause shall apply if there is no difference in the description, quantity and
value in declaration of the said goods lying in stock as on the 31
st
day of March, 2003 and on the 1
st
day of
April, 2003, and the said manufacturer, producer, first stage dealer or second stage dealer, as the case may be,
gives an intimation that the declaration made earlier may be taken as his declaration of the said goods lying in
stock as on the 1
st
day of April, 2003.".
V. Sivasubramanian
Deputy Secretary to the Government of India
F.No. B3/5/2003-TRU
Footnote.- 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.
39/2003-Central Excise (N.T.), dated the 25th April, 2003, vide number GSR 355 (E), dated the 25th April, 2003.