Seeks to amend CENVAT Credit Rules,
2004, so as to i. specify that the Cenvat credit of any duty specified in
sub-rule (1) shall not be utilized for payment of the Swachh Bharat Cess. ii.
allow credit of service tax paid on sale of dutiable goods on commission basis.
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NOTIFICATION No. 02/2016-Central
Excise (N.T.)
New Delhi, the 3rd February, 2016
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 (Second Amendment) Rules, 2016.
(2)
They shall come into force on the date of their publication in the Official Gazette.
2.
In the CENVAT Credit Rules, 2004 (here-in-after referred to as the said rules),
in rule 2, in clause (l), after sub-clause (C), the following Explanation shall
be inserted, namely:-
“Explanation.-For
the purpose of this clause, sales promotion includes services by way of sale of
dutiable goods on commission basis.”.
3.
In the said rules, in rule 3, in sub-rule (4), after the sixth proviso,
the following proviso shall be inserted, namely: –
“Provided
also that the CENVAT credit of any duty specified in sub-rule (1) shall not be
utilised for payment of the Swachh Bharat Cess leviable under sub-section (2)
of section 119 of the Finance Act, 2015 (20 of 2015):”.
[F. No. 332/18/2015-TRU ]
(K. Kalimuthu)
Under Secretary to the Government of
India
Note.- The
principal rules were published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide notification No. 23/2004 – Central Excise
(N.T.), dated the 10th September, 2004 vide number G.S.R. 600(E), dated
the 10th September, 2004 and last amended vide notification No. 01/2016 – Central Excise (N.T.), dated the 1st
February, 2016, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R. 132(E), dated the 1st February, 2016.
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