GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)
Notification No. 15/2017-Central Excise (N.T.)
New Delhi, the 12th June, 2017
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 (Third Amendment) Rules,
2017
(2) They shall come into force on the date of their publication in the
Official Gazette.
2. In the CENVAT Credit Rules, 2004, in rule 4, in sub-rule (7), -
(a) after the eight proviso, the following proviso shall be inserted, namely
:-
“Provided also that unavailed CENVAT Credit in respect of services provided
by the Government, local authority or any other person by way of assignment of
the right to use any natural resource on the day immediately preceding the
appointed day may be availed of in full on that very day.”;
(b) after Explanation III, the following Explanations shall be inserted,
namely :-
‘Explanation IV.- "unavailed CENVAT credit" means the amount that remains
after subtracting the amount of CENVAT credit already availed in respect of any
service from the aggregate amount of CENVAT credit to which the recipient of
such service was entitled to in respect of such service.
Explanation V. - “appointed day” means the date on which the provisions of
the Central Goods and Services Tax Act, 2017 (12 of 2017) shall come into
force’.
(Ruchi Bisht) Under Secretary to the Government of India [F.
No. 354 / 93 /2017 -TRU]
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. 10/2017- Central Excise (N.T.), dated the 13th April, 2017,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide, number G.S.R. 372(E) , dated the 13th April, 2017
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