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G.S.R (E) In exercise of the powers conferred by clause (b) of section 2 of the Central Excise Act, 1944 (1 of 1944) read with sub-rule (1) of rule 3 of the Central Excise Rules, 2002, the Central Board of Excise and Customs hereby makes the following further amendments in the notifications of the Government of India in the Ministry of Finance (Department of Revenue)
Provided that the jurisdiction of the Principal Commissioner or the Commissioner of Central Excise specified in Table-III(A) or Table-III(B) under whose jurisdiction there is an assessee who has obtained a centralised registration for more than one premises in terms of the notification issued under rule 9 of Central Excise Rules, 2002, shall also extend to the jurisdiction of such other Principal Commissioner or Commissioner of Central Excise specified in Table-III(A)
The Finance Act (No.2), 2014 has been enacted on 06.08.2014. Section 35F of the Central Excise Act, 1944 and Section 129E of the Customs Act, 1962 have been substituted with new sections to prescribe mandatory pre-deposit as a percentage of the duty demanded where duty demanded is in dispute or where duty demanded and penalty levied are in dispute. Where penalty alone is in dispute, the pre-deposit shall be calculated on the penalty imposed.
Please find enclosed a press release issued by Central Board of Excise and Customs giving details of indirect tax revenue (provisional) collections during April-August 2014, along with growth rate over previous year.
As there is confusion of adjustment of Cenvat Credit against mandatory penalty, clarifications have been sought from Competent authority. In absence of any classificatory Circular on the issue, all the DRs/ARs/TOs are directed that the appeals received on or after 06.08.2014 may be registered in following cases:
Notification No. 26/2014–Central Excise (N.T.) Dated- 27th August, 2014 (1) These rules may be called the CENVAT Credit (Eighth Amendment) Rules, 2014. (2) They shall come into force from the date of their publication in the Official Gazette.
In the CENVAT Credit Rules, 2004, in rule 12AAA, after the words “first stage and second stage dealer”, the words “provider of taxable service” shall be inserted.
In exercise of powers conferred by section 35FF of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby fixes the rate of interest at six percent per annum for the purpose of the said Section.
sections 5A, 37, 37A and 37B of the Central Excise Act, 1944, (1 of 1944) and of all other powers enabling it in this behalf, the Central Government hereby directs that the references to the authorities specified in column (2) of the Table below, in the rules made or deemed to have been made under the said sections or in any other notifications, instructions, decisions, or orders, issued or made under the said sections or rules or under any other section of the said Act
In the said notification, in the TABLE, against serial number 140, in column (2), for the existing entry, the following entries shall be substituted, namely:-8421 21 20, 8421 99 00.
