Rule 10A - Transfer of CENVAT credit of additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act - Cenvat Credit Rules, 2004

1 [10A. Transfer of CENVAT credit of additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act . (1) A manufacturer or producer of final products, having more than one registered premises, for each of which registration under the Central Excise Rules, 2002 has been obtained on the basis of a common Permanent Account Number under the Income-tax Act, 1961 (43 of 1961), may transfer unutilised CENVAT credit of additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act , lying in balance with one of his registered premises at the end of a quarter, to his other registered premises by (i) making an entry for such transfer in the documents maintained under rule 9; (ii) issuing a transfer challan containing registration number, name and address of the registered premises transferring the credit and receiving such credit, the amount of credit transferred and the particulars of such entry as mentioned in clause (i), and such recipient premises may take CENVAT credit on the basis of the transfer challan: Provided that nothing contained in this sub-rule shall apply if the transferring and recipient registered premises are availing the benefit of the following notifications of the Government of India in the Ministry of Finance (Department of Revenue), namely:- (i) No. 32/99-Central Excise , dated the 8th July, 1999 [G.S.R. 508(E), dated the 8th July, 1999]; (ii) No. 33/99-Central Excise , dated the 8th July, 1999 [G.S.R. 509(E), dated the 8th July, 1999]; (iii) No. 39/2001-Central Excise , dated the 31st July, 2001 [G.S.R. 565 (E), dated the 31st July, 2001]; (iv) No. 56/2002-Central Excise , dated the 14th November, 2002 [G.S.R. 764(E), dated the 14th November, 2002]; (v) No. 57/2002-Central Excise , dated the 14th November, 2002 [G.S.R.. 765(E), dated the 14th November, 2002]; (vi) No. 56/2003-Central Excise , dated the 25th June, 2003 [G.S.R. 513 (E), dated the 25th June, 2003]; (vii) No. 71/2003-Central Excise , dated the 9th September, 2003 [G.S.R. 717 (E), dated the 9th September, 2003]; (viii) No.20/2007-Central Excise , dated the 25th April, 2007 [G.S.R. 307 (E), dated the 25th April, 2007]; and (ix) No. 1/2010-Central Excise dated the 6th February, 2010 [G.S.R. 62 (E), dated the 6th February, 2010]. (2) The manufacturer or producer shall submit the monthly return, as specified under these rules, separately in respect of transferring and recipient registered premises.] ************* Notes: 1. Inserted vide notification no. 18/2012 CE(NT) dated 17-3-2012 , w.e.f. 1-4-2012