Amendment to Central Excise Rules - 01/96 - Central Excise - Non Tariff

Amendment to Central Excise Rules

Notification No. 1/96-C.E. (N.T.)

Dated 1-1-1996

In exercise of the powers conferred by section 37 of the Central Excises and Salt Act, 1944 (1 of 1944), the Central Government hereby makes the following rules further to amend the Central Excise Rules, 1944 (hereinafter referred to as the said rules), namely :-

1. (i) These rules may be called the Central Excise (Amendment) Rules, 1996.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. In the said rules, in rule 57 Q, for sub-rule (2), the following sub-rule shall be subsituted, namely:-

"(2) Notwithstanding anything contained in sub-rule (1), -

(i) no credit of the specified duty paid on capital goods (other than those capital goods in respect of which credit of duty was allowable under any other rule or notification prior to the 16th day of March, 1995) shall be allowed if such capital goods were received in the factory before the 16th day of March, 1995; and

(ii) no credit of the specified duty paid on capital goods [other than those capital goods covered under sub-clause (b) of clause (1) or items (ix) and (x) of sub-clause (d) of clause (1) of Explanation to sub-rule (1)] received in the factory on or after the 1st day of January, 1996, shall be taken on a date prior to the date on which such capital goods are installed or, as the case may be, used for manufacture of excisable goods, in the factory of the manufacturer as certified by such manufacturer or an officer designated by him for this purpose :

Provided that where the manufacturer intends to remove such capital goods from his factory for home consumption or for export, prior to their being installed or used, as the case may be, the manufacturer shall be allowed to take credit on the date on which such capital goods are so removed by him from his factory on payment of appropriate duty of excise leviable thereon.".