Circular No. 30/2007-Cus.,

dated 21-8-2007

F.No. 605/42/2007-DB

Government of India

Ministry of Finance (Department of Revenue)

Central Board of Excise & Customs, New Delhi

Subject : Acceptance of Central Excise Certificate under Para 3.1(e) of CBEC Circular No. 58/2004-Cus., dated 21-10-2004 – Regarding

I am directed to invite your attention to the above mentioned subject.

2. The manufacturer exporters registered with Central Excise who have paid excise duty of Rs. 1 crore or more during the preceding financial year are exempted from executing bank guarantee under Advance Authorisation and EPCG Schemes in terms of Para 3.1(e) of CBEC Circular No. 58/2004-Cus., dated 21-10-2004 [2004 (173) E.L.T. T4] References have been received from the trade as well as the field formations seeking clarification whether the limit of Rs. 1 crore of Central Excise duty prescribed in the aforesaid Circular refers to duty payment from PLA only or whether payments through Cenvat credit accounts can also be taken into consideration while calculating the total duty paid by an assessee.

3. The matter has been examined by the Board. It is clarified that the excise duty paid through Cenvat credit shall also be taken into account while calculating the excise duty paid by a manufacturer exporter for the purposes of Para 3.1(e) of the above mentioned circular.

4. These instructions may be brought to the notice of the trade by issuing suitable Trade/Public Notices. Suitable Standing orders/instructions may be issued for the guidance of the assessing officers. Difficulties faced, if any in implementation of the Circular may please be brought to the notice of the Board at an early date.

Receipt of this Circular may kindly be acknowledged.

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