Circular No. 76/76/94-CX
Dated 8/11/94

F.No. 267/50/94-CX-8
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Excise and Customs, New Delhi

Subject : Forwarding of Notification No.64-CE (NT), dated 7th November, 1994-Regarding

I am directed to forward herewith a copy of Notification No.64-CE (NT) dated 7th November, 1994 amending rule 57 H.

2. 57 H of the Central excise Rules 1944 deals with transitional provisions. The present amendment to the said rule, inter alia, permits acceptance of “any invoice” or “any document” as may be prescribed by the Central Board of Excise and Customs as valid document under Rule 57G.

3. The present amendment to Rule 57 H has been made to remove the difficulties arising out of budgetary changes in 1994-95 relating to acceptance of “invoice”as proper document for the purpose of Modvat credit and issue of Notifications such as Notification No.21/94-CE-NT) dated 12.5.94 and Notification No.32/94-CE(NT) dated 4.7.1994.  The Assistant Collector, at his discretion could accept the invoice issued by the person referred to in Rule 52 A Notification No.15/94-CE(NT) and Notification No.21-CE(NT).

4. Now, therefore, by virtue of powers conferred by Rule 57 H of the Central Excise Rules, 1944, the Central Board of Excise and Customs hereby prescribes the invoice/document issued by –

(i) a manufacturer from his factory

(ii) a manufacturer from his depot

(iii) a wholesale distributer / dealer of the manufacturer; or

(iv) an importer from his godown;

as valid document for the purpose of allowing Modvat credit.

5. It is clarified that such invoice should contain the details as referred to in Notification No. 15/94-CE(NT) and Notification No.21/94-CE(NT). The Assistant Collector shall recognise such document is issed by the categories of persons mentioned in the said notifications who have got themselves registered under rule 57 GG of the Central Excise Rules, consequent to issued notification no. 32/94-CE(NT) dated 4.7.1994.

6. It is further clarified that document precribed above by the Central Board of Excise and Customs could be accepted by the Assistant Collector only upto 31st December 1994.  In other words, any document issued by registered person prior to such registration would be acceptable if he is eligible to issue invoice/document under Notification No.15/94-CE9NT) and Notification No.21/94-CE(NT).

7. In view of the above the Board desires that an immediate exercise should be taken as per provisions of law so that the credit intended to be allowed, as above, is not denied

Sd/-
(I.P. Lal)
Deputy Secretary to the Government of India

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