Amendments in the Notification Number 32/2006-Central Excise (N.T.), dated the 30th December, 2006 - Deterrent measures where duty is paid wrongly or where cenvat facility is misutilized - 15/2009 - Central Excise - Non Tariff

Amendments in the Notification Number 32/2006-Central Excise (N.T.), dated the 30th December, 2006 - Deterrent measures where duty is paid wrongly or where cenvat facility is misutilized

NOTIFICATION NO. 15/2009-CX., (N.T.),

Dated : June 10, 2009

G.S.R. 397(E). - In pursuance of rule 12CC of the Central Excise Rules, 2002 and rule 12AA of the CENVAT Credit Rules, 2004, the Central Government hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) number 32/2006-Central Excise (N.T.), published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section(i), vide number G.S.R.782(E), dated the 30th December, 2006, namely,-

In the said notification,

(1) In paragraph 1, after clause (f), the following shall be inserted:-

"(g) removal of inputs as such on which CENVAT credit has been taken, without paying an amount equal to credit availed on such inputs in terms of sub-rule (5) of rule 3 of the CENVAT Credit Rules, 2004."

(2) In paragraph 2, in sub paragraph (1),-

(a) after clause (ii), and before the proviso, the following clauses shall be inserted, namely,-

"(iii) the assessee may be required to maintain records of receipt, disposal, consumption and inventory of the principal inputs on which CENVAT credit has not been taken;

(iv) the assessee may be required to intimate the Superintendent of Central Excise regarding the receipt of principal inputs in the factory on which CENVAT credit has or has not been taken, within a period specified in the order and the said inputs shall be made available for verification upto the period specified in the order."

(b) after explanation II, the following Explanation shall be inserted, namely:-

"Explanation III.- For the purposes of this paragraph, "principal inputs", means any input which is used in the manufacture of final products where the cost of such input constitutes not less than 10% of the total cost of raw materials for the manufacture of unit quantity of a given final products:"

[F.No.213/13/2008-CX-6]

(Mallika Arya)

Director, Central Excise

Note.- The principal notification number 32/2006-Central Excise (N.T.) dated the 30th December, 2006 was published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number G.S.R.782 (E), dated the 30th December, 2006.