Education Cess on Goods and Services Received in Current Year
Rule
3(7)(b) of the CCR, 2004 has been amended so as to allow utilisation of credit
of Education Cess and Secondary & Higher Education Cess for payment of
basic excise duty in the following situations:
a.
Education Cess and Secondary & Higher Education Cess on inputs or capital
goods received in the factory of manufacture of final product on or
after the 1st day of March, 2015;
b.
Balance 50% Education Cess and Secondary & Higher Education Cess on capital
goods received in the factory of manufacture of final product in the
financial year 2014-15; and
c.
Education Cess and Secondary & Higher Education Cess on input services received
by the manufacturer of final product on or after the 1st day of March,
2015.
Notification No.12/2015-Central Excise (N.T.), dated
30.04.2015 refers.
[Central Excise Notification 12 (Non Tariff) dated 30th April 2015]
In exercise of the powers conferred by section 37 of
the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994
(32 of 1994), the Central Government hereby makes the following rules further
to amend the CENVAT Credit Rules, 2004, namely:–
1. (1) These rules may be called the CENVAT Credit (Second
Amendment) Rules, 2015.
(2) They shall come into force from the date of their
publication in the Official Gazette.
2. In the CENVAT
Credit Rules, 2004 (hereinafter referred to as the said rules), in rule 3, in
sub-rule (7), in clause (b), after the second proviso, the following shall be
substituted, namely:-
“Provided also that the credit of Education Cess and
Secondary and Higher Education Cess paid on inputs or capital goods received in
the factory of manufacture of final product on or after the 1st day of March,
2015 can be utilized for payment of the duty of excise leviable
under the First Schedule to the Excise Tariff Act:
Provided also that the credit of
balance fifty per cent. Education Cess and Secondary and
Higher Education Cess paid on capital goods received in the factory of
manufacture of final product in the financial year 2014-15 can be utilized for
payment of the duty of excise specified in the First Schedule to the Excise
Tariff Act:
Provided also that the credit of Education Cess and
Secondary and Higher Education Cess paid on input services received by the
manufacturer of final product on or after the 1st day of March, 2015 can be
utilized for payment of the duty of excise specified in the First Schedule to
the Excise Tariff Act.”.
[F. No. 334/5/2015-TRU]