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Here is the highlights of amendments in Cenvat Credit Rules, 2004 through notification no. 3/2011 CE(NT) dated 1.3.2011
Updated Rules are available on taxtmi.com
| Rule | Nature of amendment | Effective Date |
1 | Capital Goods – credit allowed on capital goods used outside the factory premises for generation of electricity. | 1.4.2011 | |
2 | Scope of exempted goods enlarged to deny credit for goods liable to excise duty @1% under notification No.1/2011 | 1.3.2011 | |
3 | Scope of exempted services enlarged to deny credit on trading activity and services under abatement. | 1.4.2011 | |
4 | Meaning and Scope of Inputs amended substantially. | 1.4.2011 | |
5 | Meaning and Scope of Input Services amended substantially. | 1.4.2011 | |
6 | Meaning of “Manufacture or producer” extended the benefit of credit to job worker / merchant trader | 1.3.2011 | |
7 | No credit in respect of goods liable to duty @1% under notification No.1/2011- CE | 1.3.2011 | |
8 | Cenvat Credit of CVD is restricted to 85% in case of ships, boats and other floating structures for breaking up | 1.3.2011 | |
9 | Restriction on utilization of credit for the goods liable to duty @1% under notification No.1/2011 | 1.3.2011 | |
10 | Removal of goods as such from premises for the purpose of free warranty is allowed without reversal of cenvat credit | 1.4.2011 | |
11 | Cenvat Credit is required to be reversed even in case partial written off of goods. | 1.3.2011 | |
12 | Cenvat Credit can be availed on goods used for generation of electricity outside the factory premises, actual receipt in factory premises not necessary | 1.3.2011 | |
13 | Return of payment of input services – cenvat credit to be reversed | 1.4.2011 | |
14 | Time limit for reversal of credit under rule 4 specified | 1.4.2011 | |
15 |
| Failure to reverse credit under rule 4, recovery can be made as per rule 14. | 1.4.2011 |
16 |
| Persons who liable to pay duty / service tax on quarterly basis need to reverse the credit quaryly. | 1.4.2011 |
17 | Heading of the rule 6 changed | 1.4.2011 | |
18. | Correction in phrase | 1.4.2011 | |
18. | Manner of keeping separate records for exempted and taxable goods / services specified | 1.4.2011 | |
19. | Option to pay tax / duty on exempted goods / services at the rate of 5% | 1.4.2011 | |
20. | One more option added in view of amended rule 6(2) | 1.4.2011 | |
21. | No credit on inputs or input services attributable exclusively to exempted goods / services | 1.4.2011 | |
22. | Correction in phrase to calculate credit on exempted goods upto the place of removal | 1.4.2011 | |
23. | Three explanations omitted | 1.4.2011 | |
24. | New sub rule – Cenvat Credit restricted to 50% in case of banking and financial institution | 1.4.2011 | |
25. | New Sub rue - Cenvat Credit restricted to 75% in case of life insurance and ULIP | 1.4.2011 | |
26. | Reversal of credit under rule 6(3) shall be treated as non availment of credit. | 1.4.2011 | |
27. | Specified the term “value”, manner of payment, recovery thereof | 1.4.2011 | |
28. | Rule 6(5) omitted – this rule was allowing credit on 16 services if used commonly with taxable and exempted services | 1.4.2011 | |
29. | Cenvat Credit on output services supplied to SEZ units allowed | 1.3.2011 | |
30 | Filing of cenvat credit return in case of SSI units limited to ten day | 1.3.2011 |
Updated Rules are available on taxtmi.com
Cenvat credit rules amended: eligibility, reversal and sectoral restrictions revised for credit availment and utilisation. Amendments revise Cenvat Credit entitlement by redefining Inputs and Input Services, allowing credit on capital goods used off-premises for electricity generation, denying credit on goods/services covered by concessional or exempt categories and trading/abatement activities, extending entitlement to job workers and merchant traders, imposing sectoral caps and specific restrictions, and prescribing time limits, reversal mechanisms, separate record-keeping and shortened filing timelines for small-scale units.Press 'Enter' after typing page number.