MANU/EXNT/0002/2016

Ministry : Ministry of Finance

Department/Board : CBEC Excise Non-Tariff

Notification No. : 02/2016-Central Excise (N.T.)

Date : 03.02.2016

Notification/ Circulars Referred : Notification No. 23/2004 - Central Excise (N.T.), dated the 10th September, 2004 MANU/EXNT/0028/2004;Notification No. 01/2016 - Central Excise (N.T.), dated the 1st February, 2016 MANU/EXNT/0001/2016

Citing Reference:
Notification No. 23/2004 - Central Excise (N.T.), dated the 10th September, 2004 MANU/EXNT/0028/2004  Modified

Notification No. 01/2016 - Central Excise (N.T.), dated the 1st February, 2016 MANU/EXNT/0001/2016  Referred

CENVAT Credit (Second Amendment) Rules, 2016

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, 2016.

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

2. In the CENVAT Credit Rules, 2004 (here-in-after referred to as the said rules), in rule 2, in clause (l), after sub-clause (C), the following Explanation shall be inserted, namely:-

"Explanation.-For the purpose of this clause, sales promotion includes services by way of sale of dutiable goods on commission basis.".

3. In the said rules, in rule 3, in sub-rule (4), after the sixth proviso, the following proviso shall be inserted, namely: -

"Provided also that the CENVAT credit of any duty specified in sub-rule (1) shall not be utilised for payment of the Swachh Bharat Cess leviable under sub-section (2) of section 119 of the Finance Act, 2015 (20 of 2015):".