CBEC has issued Notification Nos. 03-05-2012-Central Excise (N.T.) dated 12.03.2012 which provide very stringent restrictions on manufacturer, first stage dealer, second stage dealer and an exporter prima facie found knowingly  involved in any of the seven activities mentioned in the Notification No. 05/2012-Central Excise (N.T.) dated 12.03.2012 if the duty of excise or CENVAT Credit alleged to be involved exceeds Rs. Ten lakhs. The restrictions which may be  imposed are like payment of duty on each removal of goods, restriction on utilization of CENVAT Credit etc.

Notification No. 3/2012-Central Excise (N.T.)

Dated: March 12, 2012

In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), 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 (Second Amendment) Rules, 2012.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the CENVAT Credit Rules, 2004, for rule 12AA the following rule shall be substituted, namely:-

“12AAA: Power to impose restrictions in certain types of cases.- Notwithstanding anything contained in these rules, where the Central Government, having regard to the extent of misuse of CENVAT credit, nature and type of such misuse and such other factors as may be relevant, is of the opinion that in order to prevent the misuse of the provisions of CENVAT credit as specified in these rules, it is necessary in the public interest to provide for certain measures including restrictions on a manufacturer, first stage and second stage dealer or an exporter, may by a notification in the Official Gazette, specify the nature of restrictions including restrictions on utilization of CENVAT credit and suspension of registration in case of a dealer and type of facilities to be withdrawn and procedure for issue of such order by an officer authorized by the Board”.


(V P Singh)
Under Secretary to the Government of India

Note.- The principal rules were published vide notification No. 23/2004-Central Excise (N.T.), dated the 10th September, 2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide G.S.R.600 (E), dated the 10th September, 2004 and were last amended vide notification number 01/2012-Central Excise (NT), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1), vide number G.S.R 83(E), dated 9th February, 2012.

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