CIRCULAR No.522/18/2000-CX Dated 31st March, 2000
Subject: Issues related to withdrawal of section 3A scheme in respect of steel
I am directed to say that, as you are aware, the scheme of levy of excise duty based on capacity of production under section 3A of the Central Excise Act,1944, in respect of hot steel re-rolling mills and induction furnace units is being discontinued w.e.f. 1st April, 2000. Accordingly, notification No.24/97
(NT), dated 25 July, 30/97(NT), 31/97(NT), 32/97(NT), 47/97, 48/97, 50/97, 58/97,all dated 1st August, 1997, are being rescinded w.e.f. 1st April, 2000.
2. From 1st April,2000, onwards re-rolling mills and induction furnace units would be required to pay excise duty (CENVAT) on ad-valorem basis. In this context the following decisions that have been taken by the Government are being brought to your
notice for necessary action.
3. As per the existing scheme under section 3A, the re-rolling mills are required to discharge the duty liability for the period upto 31st March, 2000 by paying the specified amount of the installation by the 10th of March,200O.In the case of
induction furnace units, the duty for the period upto 31st March, 2000 is to be paid under section 3A by payment of the instalment by the 31st March, 2000.Accordingly, the stocks of finished goods lying with the re-rolling mills and induction furnace units as on 1.4.200 may be treated as duty paid duty paid and such stocks shall not be required to suffer any further ad-valorem duty when they are cleared from the re-
rolling mills or induction furnace units on or after the 1st day of April, 2000. The re-rolling mills and induction furnace units may also be advised to indicate on the invoices, when such stock is cleared, that the duty thereon was paid under section 3A of the Central Excise Act, 1944. The units may also be asked to maintain necessary records evidencing the fact that the clearances made without payment of ad valorem duty on or after 1st April , 2000, were from the stocks lying on the midnight of 31st March, 2000 and
1st April, 2000.
4. It has also been decided that CENVAT credit may be allowed in respect of stocks of input materials which are lying with the re-rolling mills and induction furnace units
as on 1st April, 2000. However, the credit shall be allowed only on such quantity of stocks which is supported by duty paying documents. The re-rolling mills and induction furnace units may be advised that unless the duty paying documents are available with them, the CENVAT credit would not be admissible. Any credit wrongly taken would meet with the consequences prescribed under the CENVAT rules.
5. A question has been raised as to whether the re-rolling mills and induction furnace units would be eligible to take credit of the duty paid on capital goods received in the factories during the period 1.9.1997 till 31.3.2000. In this context it is clarified that no such credit is admissible in respect of such capital goods.
6. The re-rolling mills and induction furnace units may have waste and scrap lying in their factories as on 1st April, 2000. The clearances of such waste and scrap would be eligible to exemption from excise duty under notification no. 49/97-Central Excise, dated 1st August, 1997. It may, however, be mentioned this notification is being retained upto 30.4.2000 and by this time the re-rolling mills and induction furnace units should clear the waste and scrap lying with them as on 1st April, 2000.
7. Necessary action may be taken by the field officers to ascertain the quantity of the stocks of finished goods, inputs and waste and scrap lying with the re-rolling mills and induction furnace units as on 1st April, 2000. Reliance may also be placed on the records maintained by such units in respect of the quantity of finished goods, inputs and waste and scrap lying in their stock on 1st April, 2000
8. As mentioned earlier, the stocks of finished goods as on 1st April, 2000 have been allowed to be cleared without payment of duty. It has been decided to allow deemed credit to the users of such stock. For this purpose notification no. 29/2000/ Central Excise, dated 31 March, 2000 has been issued, and may kindly be referred to.
9. The above changes and decisions may kindly be brought to the notice of the field formations and of the trade by issue of suitable Trade Notice. It is also requested that the re-rolling mills and induction furnace units may be given advice and
clarification promptly by the officials on any point of doubt raised by them.
(T R Rustagi)
Joint Secretary to the Government of India
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