Amends Rule 3(7) of Cenvat Credit Rules to allow the credit equal to the amount of CVD paid by the EOU, EHTP or STP etc. - 006/2006 - Central Excise - Non Tariff

Amends Rule 3(7) of Cenvat Credit Rules to allow the credit equal to the amount of CVD paid by the EOU, EHTP or STP etc.

Notification No. 6/2006-Central Excise (N.T.)

Dated the 20^th March, 2006

G.S.R.(E) In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004, namely:-

1. (1) These rules may be called the CENVAT Credit (Second Amendment) Rules, 2006.

(2) They shall come into force on the date of publication in the official Gazette. 

2. In the Cenvat Credit Rules, 2004 (hereinafter referred to as the said Rules), in rule 3, sub-rule 7, after clause (a), the following proviso shall be inserted, namely:-

"Provided that the CENVAT credit in respect of inputs and capital goods cleared on or after 1^st March, 2006 from an export oriented undertaking or by a unit in Electronic Hardware Technology Park or in a Software Technology Park, as the case may be, on which such unit pays excise duty under section 3 of the Excise Act read with serial number 2 of the notification no. 23/2003-Central Excise dated 31^st March, 2003 [G.S.R. 266(E), dated the 31^st March, 2003] shall be equal to X multiplied by {(1+BCD/400) multiplied by (CVD/100)}."

(S.Bajaj)

Under Secretary to the Government of India

[F.No. 334/3 /2006-TRU]

Note : The principal rules were notified vide notification No. 23/2004-Central Excise (N.T.), dated the 10^th September, 2004, and published in the Gazette of India Extraordinary vide number G.S.R.600 (E), the 10^th September, 2004 and last amended vide notification No. 28/2005-Central Excise (N.T.), dated the 7^th June, 2005 and published vide number G.S.R.371(E), dated the 7^th June, 2005.