8. Transfer of CENVAT credit.-

(1) If a manufacturer of the final products shifts his factory to another site or the factory is transferred on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of the factory to a joint venture with the specific provision for transfer of liabilities of such factory, then, the manufacturer shall be allowed to transfer the CENVAT credit lying unutilized in his accounts to such transferred, sold, merged, leased or amalgamated factory.

(2) The transfer of the CENVAT credit under sub-rule (1) shall be allowed only if the stock of inputs as such or in process, or the capital goods is also transferred alongwith the factory to the new site or ownership and the inputs, or capital goods, on which credit has been availed of are duly accounted for to the satisfaction of the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be.

(In Sub-rule (2) bold words has been substituted vide Ntf. No. 13/2003-CE(NT), DT. 01/03/2003)

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[OMITTED -
8A. Transfer of credit by exempted textile manufacturer,-

(1) An independent weaver of fabrics, not subjected to any process, falling under Chapters 51, 52, 54, 55, 58 or 60 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter in this rule referred to as the First Schedule to the Central Excise Tariff Act) and which are exempted from the whole of the duty of excise leviable thereon under the said First Schedule to the Central Excise Tariff Act and the First Schedule to the Additional Duties of Excise(Goods of Special Importance) Act, 1957 (58 of 1957), shall observe the following procedure for the purposes of transfer of the credit of duty paid on the inputs, falling under Chapter 51, 52, 54 or 55 of the First Schedule to the Central Excise Tariff Act, used in the manufacture of the said fabrics, to the buyer of the said fabrics, namely:-

(i) the said independent weaver shall obtain a declarant code from the Superintendent of Central Excise having jurisdiction in this behalf, in terms of the provision contained in notification No. 36/2001-Central Excise(N.T.), dated the 26th June, 2001 (G.S.R. 465(E), dated the 26th June, 2001);

(ii) the said independent weaver shall receive the said inputs on the basis of documents referred to under clause (a), (b), (c), (d) or (e) of sub-rule (1) of rule 7;

(iii) the said independent weaver shall maintain records of receipt, disposal, consumption and inventory of the inputs in the same manner as specified in respect of manufacturers of final products in sub-rule (4) of Rule 7;

(iv) no such fabrics shall be removed from the factory except under an invoice (not to be considered to have been issued in terms of the provisions of Central Excise Rules, 2002 for the purposes of being a document under sub-rule (1) of rule7) and a challan, and the challan shall be in a format specified in the Annexure-I to these rules as "CHALLAN FORM" and shall bear pre-printed serial numbers and shall be in triplicate for the following purposes, namely:-
1.  
   (a) original- for buyer
   
   (b) duplicate- for submission alongwith quarterly return
   
   (c) triplicate-manufacturers office copy;
   
   
(v) the said independent weaver shall submit within fifteen days from the close of each quarter of a year to the Superintendent of Central Excise having jurisdiction in this behalf, a statement in the format specified in Annexure-II to these rules, enclosing all duplicate copies of challan issued during the quarter in respect of such fabrics.

Explanation.- For the purposes of this rule "independent weaver" means a weaver who works on his own, purchases the yarn for such work himself and sells the unprocessed fabrics manufactured out of such work.

(Rule 8A has been omitted vide Ntf. No. 12/2004-CE(N.T.), Dt. 09/07/2004)

(Rule 8A. has been inserted vide Ntf. No. 54/2003-CE(N.T.), Dt. 09/06/2003)

 

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