No Cenvat on
1/2011 (2% Excise) Allowed, Coal and Fertilisers (1%
Excise)
[Central Excise Notification No. 21 (Non Tariff) dated 27th March 2012]
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 (Fourth
Amendment) Rules, 2012.
(2) Save as otherwise provided in these rules, they shall come into
force on the date of their publication in the Official Gazette.
2.
In the CENVAT Credit Rules, 2004,-
(i) in rule 2,- in clause (d), for the words “and goods in respect of which
the benefit of an exemption under notification No. 1/2011-CE, dated the 1st
March, 2011 is availed”, the words, “goods
in respect of which the benefit of an exemption under Notification No.
1/2011-CE, dated the 1st March, 2011 or under entries at serial numbers 67 and
128 of Notification No. 12/2012-CE, dated the 17th March, 2012 is
availed” shall be substituted;
(ii) in rule 2, in clause (l), in
sub-clause (BA), for the words “specified in sub-clauses (d) and (zo) of clause (105) of section 65 of the Finance Act,”, the
words “specified in sub-clauses (d) and (zo) of
clause (105) of section 65 of the Finance Act, in so far as they relate to a motor
vehicle which is not a capital goods,” shall be substituted with effect from
the first day of April, 2012.
(iii) in
rule 3, in sub-rule (1), in clause (i), for the proviso, the following shall be
substituted, namely:-
“Provided that CENVAT credit of such duty of excise shall not be allowed
to be taken when paid on any goods –
(a) in respect of which the benefit of an exemption under
notification No.1/2011-CE, dated the 1st March, 2011 is availed; or
(b) specified in serial
numbers 67 and 128 in respect of which the benefit of an exemption under
Notification No. 12/2012-CE,dated the 17th March, 2012 is availed ”.
[F. No. 334/B1/2012-TRU]