Changes in CCR (Rule 6(3)

[Srivatsan Krishnamachari]

Dear Experts,

Can you please provide me the changes taken place in Finance Act 2010 related to CCR Rule6(3) retrospectively (maintenance of separate books).

Thanks & Regards

Srinivas

[KASTURI SETHI]

Srivatsan Krishnamachari Ji,

A relevant extract from Finance Bill, 2010 enacted on 8.5.10

(2) The Central Excise Rules, 1944, the Cenvat Credit Rules, 2000, the Cenvat Credit Rules, 2001, the Cenvat Credit Rules, 2002 and the Cenvat Credit Rules, 2004 are being amended retrospectively w.e.f. 1-9-1996 to 31-3-2008 (for periods as applicable to respective rules) to provide that where a manufacturer avails Modvat/Cenvat credit in respect of any inputs, other than fuel, to manufacture both dutiable and exempted goods, he can opt to reverse credit or pay an amount equivalent to credit attributable to inputs used for manufacture of exempted goods. It is being further provided that such manufacturer shall pay interest @ 24% p.a. from the date of clearance till date of reversal of the said credit or payment of equivalent amount. Such option will, however, be available only in such cases where disputes in this regard are pending on the date of enactment. This change will come into effect on the enactment of Finance Bill, 2010.

Will it serve your purpose ?

[Srivatsan Krishnamachari]

Dear Kasturi Ji,

Thank you very much, this will serve my purpose.

Regards

Srinivas

AI Summary

Cenvat credit amendment allows manufacturers to opt to reverse or pay credit for inputs used in exempted goods, with interest. The Finance Act 2010 retrospectively amended Cenvat/Central Excise rules to allow manufacturers who availed Modvat/Cenvat credit for inputs (other than fuel) used to produce both dutiable and exempted goods to opt to reverse credit or pay an equivalent amount; interest is chargeable from the date of clearance until reversal/payment, and the option is available only where disputes were pending on the date of enactment.