TaxTMI 
TaxTMI 
Amendment to Rules
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....ll be substituted with effect from the 1st day of April, 1987, namely :- "(ii) is classifiable under heading No. or sub-heading No. of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), as may be specified in the notification issued under sub-rule (1) of rule 56A, and". 4. In rule 56A of the said rules, — (a) in sub-rule (1), for the words "excisable goods", the words "finished excisable goods, falling under heading No. or sub-heading No. of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) and the material or component parts falling under the heading No. or sub-heading No. of the said Schedule required for the manu­facture or more convenient distribution of such goods" shall be substituted with effect from the 1st day of April, 1987.". (b) in sub-rule (2), in the first proviso, clause (ii) shall be omitted with effect from the 1st day of April, 1987. (c) in sub-rule (3), for clause (via), the following clause shall be substituted, namely :- "(via) The credit of duty allowed in respect of any material or component parts, and lying unutilised with a manufacturer immediately before obtaining the dated acknowl....
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....Official Gazette : Provided further that no such refund of credit of duty shall be allowed if the manufacturer avails of drawback allowed under the Customs and Central Excise Duties (Drawback) Rules, 1971, or claims rebate of duty under rule 12A, in respect of such duty.". 8. In rule 57G of the said rules, in sub-rule (2), in the first proviso, for the words "accompanied by a Gate Pass" the words "accompanied or followed subsequently within such period as the Collector of Central Excise may specify in this behalf by a Gate Pass" shall be substituted. 9. In rule 57H of the said rules, — (a) for sub-rule (1), the following sub-rule shall be substituted, namely :- "(1) Notwithstanding anything contained in rule 57G, the Assistant Collector of Central Excise may allow credit of the duty paid on inputs received by a manufacturer immediately before obtaining the dated acknowledgement of the declaration made under the said rule if he is satisfied that — (i) such inputs are lying in stock or are received in the factory on or after the 1st day of March, 1987, or (ii) such inputs are used in the manufacture of final products which are cleared from the factory on or a....
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....of the final products shall be allowed if the final products are exempt from the whole of the duty of excise leviable thereon or is chargeable to nil rate of duty. 58M. Credit not to be denied or varied in certain circumstances.— (1) Credit of money in respect of any inputs shall not be denied or varied on the ground that part of the inputs is contained in any waste, refuse or by-product arising during the manufacture of the final products, whether or not such waste, refuse or by-product is exempted from the whole of the duty of excise leviable thereon or is chargeable to nil rate of duty or is not specified as final products; and (2) Credit of money allowed in respect of any inputs shall not be denied or varied on the ground that any intermediate product has come into existence during the course of manufacture of the final products and that such intermediate products are for the time being exempted from the whole of the duty of excise leviable thereon or is chargeable to nil rate of duty : Provided that such intermediate products are used within the factory of production in the manufacture of final products on which duty of excise is leviable whether in whole or in part....
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....ly; or (b) inputs in respect of which credit has been taken are not used in the manufacture of the final products for which such goods have been declared under the rule 57O, the credit so taken may be disallowed by the proper officer and the amount so disallowed shall be adjusted in the credit account or the account current maintained by the manufacturer under rule 9 or sub-rule (1) of rule 173G, or if such adjustments are not possible for any reason, by cash recovery from the manufacturer of the final products : Provided that such manufacturer may make such adjustments on his own in the credit account or account current maintained by him under intimation to the proper officer.". 11. In rule 173 G of the said rules, in sub-rule (1), in clause (bb), for the words "credit of duty", wherever they occur, the words "credit of duty or money" shall be substituted. 12. In rule 209 of the said rules, in sub-rule (1), in clause (bb), for the words "credit of duty", wherever they occur, the words "credit of duty or money" shall be substituted. 13. In appendix I to the said rules, — (a) in "(1) list of Central Excise Forms", after entry 55GG, the following entry shall be inser....