Central Excise Rules, 12th Amendment - 34/95 - Central Excise - Non Tariff

Central Excise Rules, 12th Amendment Notification No. 34/95-C.E. (N.T.) Dated 16-8-1995 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, namely :- 1. (1) These rules may be called the Central Excise (Twelfth Amendment) Rules, 1995. (2) They shall come into the force on the date of their publication in the official Gazette. 2. In the Central Excise Rules, 1944, - (i) in rule 57F, for sub-rule (7), the following sub-rule shall be substituted, namely :- "(7) On an application made by a manufacturer, the Commissioner of Central Excise may, subject to such conditions and limitations as he may impose, permit a manufacturer having credit in his account in Form RG-23A maintained under rule 57G and lying unutilised on account of change in ownership or change in the site of a factory resulting from sale, merger, amalgamation or transfer to a joint venture with the explicit provision for transfer of liabilities of the old factory, to transfer such unutilised credit to such sold, merged, amalgamated or transferred factory : Provided that stock of inputs as such or in process are also transferred alongwith the factory to the new site or ownership. Provided further that all inputs in respect of which credit of duty has been availed of are duly accounted for to the satisfaction of the Commissioner of Central Excise." (ii) in rule 57N, after sub-rule (2), the following sub-rule shall be inserted, namely :- "(3) On an application made by a manufacturer, the Commissioner of Central Excise may, subject to such conditions and limitations as he may impose, permit a manufacturer having credit in his account in Form RG-23B maintained under Rule 57-O and lying unutilised on account of change in ownership or change in site of a factory resulting from sale, merger, amalgamation or transfer to a joint venture with the explicit provision for transfer of liabilities of the old factory to transfer such unutilised credit to such sold, merged, amalgamated or transferred factory : Provided that the stock of inputs as such or in process are also transferred along with the factory to the new site or ownership : Provided further that all inputs in respect of which credit of duty has been availed of are duly accounted for to the satisfaction of the Commissioner of Central Excise." (iii) in rule 57S, for sub-rule (4), the following sub-rule shall be substituted, namely :- "(4) On an application made by a manufacturer, the Commissioner of Central Excise may, subject to such conditions and limitations as he may impose, permit a manufacturer having credit in his account in Form RG-23C maintained under Rule 57T and lying unutilised on account of change in ownership or change in site of a factory resulting from sale, merger, amalgamation or transfer to a joint venture with the explicit provision for transfer of liabilities of the old factory to transfer such unutilised credit to such sold, merged, amalgamated or transferred factory : Provided that the stock of inputs as such or in process are also transferred along with the factory to the new site or ownership : Provided further that all inputs in respect of which credit of duty has been availed or are duly accounted for to the satisfaction of Commissioner of Central Excise."