Circular No. 282/116/96-CX
dated 30/12/96
Subject:- Availment and utilisation of modvat credit of duty paid on
inputs under Rule 57F (l)(ii)
It has been brought to the notice of the Board that after the amendment of Rule 57G
vide notification No. 14/96-CE(NT) dated 23.07.96 specifying the documents for the
purpose of modvat, the credit is being denied by the field formations in cases where
the duty has been paid on the inputs under Rule 57F(l)(ii). In this regard it has been
stated that under amended Rule57G, no credit shall be taken unless the inputs are
received in the factory under the cover of an invoice issued by a manufacturer of
inputs under Rule 52A or 100E of the Central Excise Rules. However, in cases where
duty is paid under Rule 57F(l)(ii) the said inputs have been manufactured by some
other manufacturers though the duty is paid on such inputs under the provision of
Rules 57F(l)(ii).
2. Board has examined the issue. Prior to amendment of Rule 57F by Notification No.
26/95-CE(NT) dated 29.06.95, in the erstwhile Rule 57F(l)(ii) it was provided that
inputs in respect of which a credit of duty has been allowed under Rule 57A may be
removed from the factory for home consumption or, for export on payment of appropriate
duty of excise or for export under the bond as if such inputs have been manufactured
in the said factory. The expression "as if such inputs have been manufactured in the
said factory" was omitted vide notification No. 28/95-CE(NT) dated"29.06.95. This
omission has been with a view to simplify the procedure of duty payment under Rule
57F(l)(ii). The intention of I this amendment or the amendment of Rule 57G vide
notification No. 14/96 - CE(NT) dated 23.07.96 has not been to deny the credit of the
duty paid on inputs removed under Rule 57F(l)(ii). It is further observed that the
duty is paid under Rule 57F(l)(ii) on the invoices issued under Rule 52A and duty is
paid by an, assessee treating them in the capacity of a manufacturer. Accordingly it
is clarified that credit should not be denied where a user has availed the credit on
the invoices on which duty has been paid under Rule 57F(l)(ii).
3. Trade and field formations may be informed suitably.
Sd/-
(l.P.Lal)
Deputy Secretary to the Government of India
F-No.267/150/96-CX-8
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