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Regarding forwarding of Notification No.64-CE (NT) dated 7th November
1994
Circular
No. 76 dated 8th November 1994
I
am directed to forward herewith a copy of Notification No.64-CE (NT) dated 7th
November, 1994 amending rule 57 H.
2.
Rule 57 H of the Central excise Rules 1944 deals with transitional
provisions. The present amendment to the said rule, inter alia, permits
acceptance of "any invoice" or "any document" as may be
prescribed by the Central Board of Excise and Customs as valid document under
Rule 57G.
3.
The present amendment to Rule 57 H has been made to remove the
difficulties arising out of budgetary changes in 1994-95 relating to acceptance
of "invoice� as proper document for the purpose of Modvat credit and
issue of Notifications such as Notification No.21/94-CE9NT) dated 12.5.94 and
Notification No.32/94-CE (NT) dated 4.7.1994. The Assistant Collector, at his
discretion could accept the invoice issued by the person referred to in Rule 52
A Notification No.15/94-CE (NT) and Notification No.21-CE (NT).
4.
Now, therefore, by virtue of powers conferred by Rule 57 H of the Central
Excise Rules, 1944, the Central Board of Excise and Customs hereby prescribes
the invoice/document issued by -
(i)
a manufacturer from his factory
(ii)
a manufacturer from his depot
(iii)
a wholesale distributor/ dealer of the manufacturer; or
(iv)
an importer from his godown;
as
valid document for the purpose of allowing Modvat credit.
5.
It is clarified that such invoice should contain the details as referred
to in Notification No. 15/94-CE (NT) and Notification No.21/94-CE (NT). The
Assistant Collector shall recognise such document is issued by the categories of
persons mentioned in the said notifications who have got themselves registered
under rule 57 GG of the Central Excise Rules, consequent to issued notification
no. 32/94-CE (NT) dated 4.7.1994.
6.
It is further clarified that document prescribed above by the Central
Board of Excise and Customs could be accepted by the Assistant Collector only
upto 31st December 1994. In other words, any document issued by registered
person prior to such registration would be acceptable if he is eligible to issue
invoice/document under Notification No.15/94-CE9NT) and Notification No.21/94-CE
(NT).
7.
In view of the above the Board desires that an immediate exercise should
be taken as per provisions of law so that the credit intended to be allowed, as
above, is not denied
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