GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 24/2016- Central Excise (N.T.)
New Delhi, Dated the 13th April, 2016.
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) These rules may be called the CENVAT Credit (Fifth Amendment)
Rules, 2016.
(2) They shall come into force on the date of their publication in the
Official Gazette.
- In the CENVAT Credit Rules, 2004 (hereinafter referred to as the
said rules), in rule 4, in subrule (7), -
(i) in the fifth proviso, after the words “documents specified in sub-rule
(1) of rule 9”, the words “except in case of services provided by
Government, local authority or any other person, by way of assignment of
right to use any natural resource” shall be inserted;
(ii) for the sixth, seventh and eighth proviso, the following provisos shall
be substituted, namely :-
“Provided also that CENVAT Credit of Service Tax paid in a financial year,
on the onetime charges payable in full upfront or in instalments, for the
service of assignment of the right to use any natural resource by the
Government, local authority or any other person, shall be spread evenly over
a period of three years: Provided also that where the manufacturer of goods
or provider of output service, as the case may be, further assigns such
right assigned to him by the Government or any other person, in any
financial year, to another person against consideration, such amount of
balance CENVAT credit as does not exceed the service tax payable on the
consideration charged by him for such further assignment, shall be allowed
in the same financial year.”.
- In the said rules, in rule 6, in sub-rule (1), in Explanation 3,
after the figures “1994”, the words “provided that such activity has used
inputs or input services” shall be inserted.
[F. No. 334 / 8 /2016 -TRU]
(Mohit Tiwari)
Under Secretary to the Government of India
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. 23/2016- Central Excise (N.T.), dated the 1st April, 2016
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide, number G.S.R. 390(E) , dated the 1st April, 2016.
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