NTF. NO. 24/2007-CE(N.T.), DT. 25/04/2007

NTF. NO. 24/2007-CE(N.T.), DT. 25/04/2007

Amendments in the CENVAT Credit Rules, 2004

G.S.R. (E). 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, 2007.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the CENVAT Credit Rules, 2004 , after rule 5, the following rule shall be inserted, namely:-

“5A- Refund of CENVAT credit to units in specified areas.- Notwithstanding anything contrary contained in these rules, where a manufacturer has cleared final products in terms of notification of the Government of India in the Ministry of Finance (Department of Revenue) No.20/2007-Central Excise, dated the 25th April, 2007 and is unable to utilize the CENVAT credit of duty taken on inputs required for manufacture of final products specified in the said notification, other than final products which are exempt or subject to nil rate of duty, for payment of duties of excise on said final products, then the Central Government may allow the refund of such credit subject to such procedure, conditions and limitations, as may be specified by notification.

Explanation: For the purposes of this rule, “duty” means the duties specified in sub-rule (1) of rule 3 of these rules.”

(Rahul Nangare)
Under Secretary to Government of India

[F.No.267/45/2007-CX.8]