Rule 7. Documents and accounts.- (1) The CENVAT credit shall be taken by the manufacturer on the basisof any of the following documents, namely :- (a) an invoice issued by- (i) a manufacturer for clearance of - (I) inputs or capital goods from his factory or from his depot or from the premises of the consignment agent of the said manufacturer or fromany other premises from where the goods are soldby or on behalf of the said manufacturer; (II) inputs or capital goodsas such; (ii) an importer; (iii) an importer from his depot or from the premises of the consignment agent of the said importer if the said depot or the premises, asthe case may be, is registered in terms of theprovisions of Central Excise Rules, 2002; (iv) a first stage dealer or a second stage dealer, in terms of the provisionsof Central Excise Rules, 2002; (b) a supplementary invoice, issued by a manufacturer or importer of inputs or capital goods in terms of the provisionsof Central Excise Rules, 2002 from his factory or from his depot or from thepremises of the consignment agent of the said manufacturer or importer or from any other premises from where the goods are soldby, or on behalf of, the said manufacturer or importer, in case additional amount of excise duties or additional duty of customsleviable under section 3 of the Customs Tariff Act, has been paid, except where the additional amount of duty became recoverable from the manufacturer or importer of inputs or capital goods on account of any non-levy or short-levy by reason of fraud, collusion or any wilful mis-statement or suppression of facts or contravention of any provisions of the Act or of the Customs Act, 1962 or the rules made thereunder with intent to evade payment of duty. Explanation.- For removal of doubts, it is clarified that supplementary invoice shall also include Challan or any other similar document evidencing payment of additional amount of additional duty of customs leviable undersection 3 of the Customs Tariff Act; 1. a bill of entry; (d) a certificate issued by an appraiser of customs in respect of goods imported through a Foreign Post Office. (2) The manufacturer or producer taking CENVAT credit on inputs or capital goods shall take all reasonable steps to ensure that the inputs or capital goods in respect of which he has taken theCENVAT credit are goods on which the appropriate duty of excise as indicated in the documentsaccompanying the goods, has been paid. The manufacturer or producer taking CENVAT credit on inputs or capital goods received by him shall be deemed to have taken reasonable steps ifhe satisfies himself about the identity and address of the manufacturer or supplier, as the case maybe, issuing the documentsspecified in rule 7, evidencing the payment ofexcise duty or the additional duty of customs, as the case maybe, either- (a) from his personal knowledge; or (b) on the strength of a certificate given by a person with whose handwriting or signature he is familiar; or (c) on the strength of a certificate issued to the manufacturer or the supplier, as the case maybe, by the Superintendentof Central Excise within whose jurisdiction such manufacturer has his factory or the supplier has his place of business, and where the identity and address of the manufacturer or the supplier is satisfied on the strength of a certificate, the manufacturer or producertaking CENVAT credit shall retain such certificate for production before the Central Excise Officer on demand. (3) The CENVAT credit in respect of inputs or capital goods purchased from a first stage or second stage dealer shallbe allowed only if such dealer has maintained records indicating the factthat the inputs or capital goods were supplied fromthe stock on which duty was paid by the producer of such inputs or capital goods and only an amountof such duty on pro rata basis has been indicated in the invoice issued by him. (4) The manufacturer of final products shall maintain proper records for the receipt, disposal, consumption and inventory of the inputs and capital goods in whichthe relevant information regarding the value, dutypaid, the person from whom the inputs or capitalgoods have been purchased is recorded and the burden of proof regarding the admissibilityof the CENVAT credit shalllie upon the manufacturer taking such credit. (5) The manufacturer of final products shall submitwithin ten days from the close of each month to theSuperintendent of Central Excise, a monthly return in the form annexed to these rules. Explanation.-In respectof a manufacturer availingof any exemption based on the value or quantity of clearances in a financial year, the provisions of this sub-rule shall have effectin that financial year as if for the expression"month", the expression"quarter" was substituted. Keep Learning... Keep Enjoying...
Posted on: Sun, 14 Jul 2013 05:51:58 +0000
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