Circular No. 689/05/2003-Central Excise
14th January 2003.
F.No. 267 /67/2002-CX-8
Government of India
Ministry of Finance & Company Affairs
Department of Revenue
Central Board of Excise & Customs
Subject:- Maintenance of records by First Stage and Second Stage dealers and pre- authentication of invoices issued by Second Stage dealers/ dealers of imported goods-reg.
2. The matter has been examined. In this connection, your attention is drawn to sub rule (3) of rule 7 of Cenvat Credit Rules, 2002 which provides that the credit of the duty on inputs and capital goods purchased from a first stage or second stage dealer shall be allowed only if the said dealer has maintained records indicating the fact that the inputs or capital goods were supplied from the stock on which the duty was paid by the manufacturer of such goods and only an amount of such duty on pro rata basis has been indicated in the invoice issued by him. Further, there is no requirement of pre- authentication of the invoices issued by second stage dealers/ dealers of imported goods by the Central Excise officers in the existing provisions.
3. It is therefore clarified that while the maintenance of proper records by the first stage or second stage dealers has been the requirement of the Central Excise Law, the pre-authentication of invoices issued by second stage dealers/ dealers of imported goods by the Central Excise officers has not been provided for.
4. Field formations may please be informed suitably.
5. Receipt of the circular may be acknowledged.
6. Hindi version shall follow.