Government of India
Ministry of Finance
(Department of Revenue), New Delhi
Subject:- Availment and utilisation of modvat credit of duty paid on inputs under Rule 57F (1)(ii)
It has been brought to the notice of the Board that after the amendment of Rule 57G vide notification No. 14/96-CE (NT) dated 23.07.96 specifying the documents for the purpose of modvat, the credit is being denied by the field formations is cases where the duty has been paid on the inputs under Rule 57F (1)(ii). In this regard it has been stated that under amended Rule 57G, no credit shall be taken unless the inputs are received in the factory under the cover of an invoice issued by a manufacturer of inputs under Rule 52A or 100E of the Central Excise Rules. However, in cases where duty is paid under Rule 57F (1)(ii) the said inputs have been manufactured by some other manufacturers though the duty is paid on such inputs under the provision of Rules 57E(1)(ii).
2. Board has examined the issue. Prior to amendment of Rule 57F by Notification No. 26/95-CE(NT) dated 29.06.95, in the erstwhile Rule 57F (1)(ii) it was provided that inputs in respect of which a credit of duty has been allowed under Rule 57A may be removed from the factory for home consumption or for export on payment of appropriate duty of excise or for export under the bond as if such inputs have been manufactured in the said factory. The expression “as if such inputs have been manufactured in the said factory” was omitted vide notification No. 28/95-CE(NT) dated 29.06.95. This omission has been with a view to simplify the procedure of duty payment under Rule 57 F (1)(ii). The intention of this amendment or the amendment of Rule 57G vide notification No. 14/96-CE(NT) dated 23.07.96 has not been to deny the credit of the duty paid on inputs removed under Rule 57F(1)(ii). It is further observed that the duty is paid under Rule 57F(1)(ii) on the invoices issued under Rule 52A and duty is paid by an assessee treating them in the capacity of a manufacturer. accordingly it is clarified that credit should not be denied where a user has availed the credit on the invoices on which duty has been paid under Rule 57F(1)(ii).
3. Trade and field formations may be informed suitably.
Deputy Secretary to the Government of India