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Excise Acts, Rules & Regulation CENTRAL EXCISE RULES, 1944 Rule 57AE

RULE 57AE. Documents and accounts

(1) The CENVAT credit shall be taken by the manufacturer on the basis of any of the following documents, namely: -

(a) an invoice issued by a manufacturer of inputs or capital goods under rule 52A or 52AA or rule 100E from his factory or from his depot or from the premises of the consignment agent of the said manufacturer or from any other premises from where the goods are sold by or on be- half of the said manufacturer;
(b) a bill of entry;
(c) an invoice issued by a first stage dealer of excisable goods under rule 52AA;
(d) an invoice issued by a second stage dealer of excisable goods under rule 52AA;
(e) an invoice issued by an importer under rule 52AA;
(f) an invoice issued by an importer from his depot or from the premises of the consignment agent of the said importer provided the said depot or the premises, as the case may be, is registered under rule 174;
(g) an invoice issued by a first stage or second stage dealer of imported goods registered under rule 174;
(h) an invoice issued by a manufacturer of final products for clearance of in- puts or capital goods as such.

(i) a supplementary invoice issued by a manufacturer of inputs or capital goods under rule 52A or 52AA or rule 100E from his factory or from his depot or from the premises of the consignment agent of the said manufacturer or from any other premises from where the goods are sold by or on behalf of the said manufacturer, in case additional amount of excise duties has been paid on finalisation of provisional assessment or on account of cost escalation as provided for in accordance with normal commercial practice.

(Clause (i) has been inserted vide Ntf.No. 51/2000-Exc. (NT), Dt.29-08-2000)

Explanation - For the purposes of this section-

(i) "first stage dealer" means a dealer who purchases the goods directly from-

(a) the manufacturer under the cover of an invoice issued under rule 52A or rule 100E or from the depot of the said manufacturer, or from premises of the consignment agent of the said manufacturer or from any other premises from where the goods are sold by or on behalf of the said manufacturer, under cover of an invoice; or

(b) an importer or from the depot of an importer or from the premises of the consignment agent of the importer, under cover of an invoice;

(ii) "second stage dealer" means a dealer who purchases the goods from a first stage dealer.

(2) (a) The manufacturer shall take all reasonable steps to ensure that the inputs or capital goods in respect of which he has taken the CENV AT credit are goods on which the appropriate duty of excise as indicated in the documents accompanying the goods, has been paid.
(b) The CENV A T credit in respect of inputs or capital goods purchased from a first stage or second stage dealer shall be allowed only if such dealer has maintained records indicating the fact that the inputs or capital goods were supplied from the stock on which duty was paid by the producer of such inputs or capital goods and only an amount of such duty on pro rata basis has been indicated in the invoice issued by him.

Explanation - The provisions of the explanation under rule 173Q shall apply mutates mutandis for the purpose of determining whether the manufacturer has taken reasonable steps as required by this sub-rule.

(3) The manufacturer of final products shall maintain proper records for the receipt, disposal, consumption and inventory of the inputs and capital goods in which the relevant information regarding the value, duty paid, the person from whom the inputs or capital goods have been purchased is recorded and the burden of proof regarding the admissibility of the CENVAT credit shall lie upon the manufacturer taking such credit.

(4) The manufacturer of final products shall submit 1 within ten days from the close of each month to the Superintendent of Central Excise, a monthly return in the prescribed form.

Explanation - In respect of a manufacturer availing of any exemption based on the value or quantity of clearances in a financial year, the provisions of this sub-rule shall have effect in that financial year as if for the expression "month" , the expression "quarter" was substituted.

ANNEXURE

PERFORMA FOR MONTHLY RETURN UNDER 57AE OF THE CENTRAL EXCISE RULES, 1944 INPUTS

SI.
No.

Type of document

No. and date of document

Name of the supplier

Type of supplier

ECC No of the supplier

Date on which inputs received

Value

Details of credit taken

For the main item in the document

CEN VAT

SED

AED (TTA)

AED (GSI)

Addl. Duty

OTHER

Description

Sub- heading

Qty.

CAPITAL GOODS