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Commentaries
Updated up to The Finance Act, 2016
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CHAPTER 1 CENVAT CREDIT SCHEME
1.1 Background of VAT
1.2 Basic Concept of VAT
1.3 Cenvat Scheme, 2004
1.4 Highlights of Cenvat Scheme
CHAPTER 2 RULE 2 : DEFINITIONS
2 Definitions
2.1 Classification of the definitions
2.2 'Customs Tariff Act'
2.3 'Excise Act'
2.4 'Excise Tariff Act'
2.5 'Finance Act'
2.6 'Manufacturer' or 'producer'
2.7 'Notification'
2.8 'Residual clause'
2.9 Exempted goods
2.10 Final products
2.11 Output Service
2.12 Person liable for paying service tax
2.13 Provider of taxable service
CHAPTER 3 RULE 2(a) : CAPITAL GOODS
3.1 Cenvat credit of duty paid on Capital goods
3.2 General provisions in respect of capital goods
3.3 Capital goods used by Service provider
3.4 Conditions for availing Credit on Capital Goods
CHAPTER 4 RULE 2(k) : INPUTS
4.1 Input goods eligible for Cenvat credit
4.2 Other provisions relating to 'input'
4.3 Case law under earlier definition which is still relevant
4.4 Statutory definition of 'input' upto 31-3-2011
CHAPTER 5 RULE 2(l) : INPUT SERVICE
5.1 Input Services eligible for Cenvat credit
5.2 Place of removal
5.3 Services specifically excluded from definition of 'input service'
5.4 Case law relating to specific services
5.5 Cenvat credit of input service on receipt of invoice of service provider
5.6 Definition of ‘input service’ upto 31-3-2011
CHAPTER 6 RULE 3 : CENVAT CREDIT
RULE 3
3 CENVAT credit
6.1 Eligibility of Cenvat Credit
6.2 Cenvat Credit when product ceases to be exempted goods or service seizes to be exempted service
6.3 Utilisation of credit
6.4 Removal of inputs and capital goods on which Cenvat was taken
6.5 Removal of capital goods after use
6.6 Restrictions on Cenvat credit in certain cases
6.7 Other Issues relating to availment of Cenvat Credit
6.8 Payment of 'amount' in some cases (normally termed as 'Reversal of Cenvat')
6.9 When payment of 'amount' (i.e. reversal of Cenvat credit not required)
6.10 Cenvat eligible as input but availed as capital goods and vice versa
6.11 Cenvat credit if demand made on final products for past period
CHAPTER 7 RULE 4 : CONDITIONS FOR ALLOWING CENVAT CREDIT
4 Conditions for allowing CENVAT credit.
7.1 Time-limit for taking credit of duty paid on inputs and input services
7.2 Availment of Cenvat credit on capital goods
7.3 Cenvat credit of capital goods obtained on lease, hire purchase or loan
7.4 Depreciation cannot be claimed on duty portion of value of capital goods
7.5 Removal of inputs and capital goods for job work/repairs/testing
7.6 Procedure for sending goods for Job work under Cenvat
7.7 Removal of inputs other than those covered under Cenvat
7.8 Cenvat credit of input service on receipt of invoice
CHAPTER 8 RULES 5, 5A AND 5B : REFUND OF CENVAT CREDIT
5 Refund of CENVAT Credit
8.1 Refund of Cenvat Credit
8.2 Provisions as applicable upto 1-4-2012
8.3 Exports by units in North-East Region and Sikkim
8.4 Refund of Cenvat Credit other than in case of exports
8.5 Service Provider can claim refund of excess Cenvat Credit if he is under partial reverse charge
CHAPTER 9 RULE 6 : COMMON INPUTS AND INPUT SERVICES FOR EXEMPTED AND TAXABLE GOODS/SERVICES
Text of rule 6
6 Common inputs and input services for exempted and taxable goods/services
9.1 No Cenvat credit if final product/service exempt
9.2 Special provisions in respect of Banking, FI and NBFC
9.3 Exempted goods
9.4 Meaning of 'exempted services'
9.5 Disallowance of Cenvat of capital goods only if used exclusively for exempted final product/services
9.6 Zero rated transactions and exempted transactions
9.7 'Value' for purpose of rule 6(3) and 6(3A)
9.8 Payment of 'amount' on exempted final product/exempt services
9.9 Proportionate reversal of Cenvat Credit - Provisions applicable w.e.f. 1-4-2016
9.10 Reversal of credit or payment of 'amount' means Cenvat credit not availed
9.11 Provisions upto 31-3-2008
CHAPTER 10 RULES 7, 7A & 7B : DISTRIBUTION OF CREDIT BY INPUT SERVICE DISTRIBUTOR
10.1 Input Service Distributor
10.2 Input Credit Distributor
CHAPTER 11 RULE 8 : STORAGE OF INPUT OUTSIDE THE FACTORY OF THE MANUFACTURER
8 Storage of input outside the factory of the manufacturer
11.1 Storage of inputs outside the factory
11.2 Procedure to be followed
CHAPTER 12 RULE 9 : DOCUMENTS, ACCOUNTS AND RETURNS
9 Documents and accounts
12.1 Duty paying documents for Cenvat
12.2 Eligible duty paying documents
12.3 Debit Note issued by service provider
12.4 Responsibility of person taking Cenvat credit
12.5 Procedure for Cenvat
12.6 Records to be maintained for Cenvat
CHAPTER 13 INVOICES OF DEALERS OR IMPORTER FOR CENVAT
13.1 Dealer's Invoice for Cenvat
13.2 Procedure of registration of dealer
13.3 Dealer's invoice for Cenvat
13.4 Provisions in respect of imported consignments
13.5 Direct dispatch of goods by manufacturer i.e. transit sale
13.6 Other provisions relating to dealers' invoice
CHAPTER 14 RULE 9A : INFORMATION RELATING TO PRINCIPAL INPUTS
9A Information Relating to Principal Inputs
14.1 Annual Information relating to Principal Inputs
CHAPTER 15 RULES 10 AND 10A : TRANSFER OF CENVAT CREDIT
10 Transfer of CENVAT credit
15.1 Transfer/Merger/Shifting of undertaking
15.2 Transfer of credit of SAD from one factory to other
CHAPTER 16 RULE 11 : TRANSITIONAL PROVISION
11 Transitional provision
16.1 Opting or going out of Cenvat
CHAPTER 17 RULE 12 : SPECIAL PROVISIONS FOR NORTH-EAST REGION, KUTCH DISTRICT OF GUJARAT, STATE OF JAMMU AND KASHMIR AND STATE OF SIKKIM
12 Special dispensation in respect of inputs manufactured in factories located in specified areas of North East region, Kutch district of Gujarat, State of Jammu and Kashmir and State of Sikkim
17.1 Buyer from new units in J&K, Sikkim, NE and Kutch can avail Cenvat credit
CHAPTER 18 RULE 12A : PROCEDURE AND FACILITIES FOR LARGE TAXPAYER
12A Procedure and facilities for large taxpayer
18.1 Large Tax Payers Units
CHAPTER 19 RULE 12AAA : POWER TO IMPOSE RESTRICTIONS IN CERTAIN TYPES OF CASES
12AAA [Power to impose restrictions in certain types of cases
19.1 Withdrawal of facilities to manufacturer/dealer misusing facilities
CHAPTER 20 RULE 13 : DEEMED CREDIT
13 Power of Central Government to notify goods for deemed CENVAT credit
20.1 Deemed credit on declared inputs
CHAPTER 21 RULE 14 : RECOVERY OF CENVAT CREDIT WRONGLY TAKEN OR ERRONEOUSLY REFUNDED
14 Recovery of CENVAT credit wrongly taken or erroneously refunded
21.1 Scope of the Rule
21.2 Reversal before utilisation means Cenvat credit was not taken
21.3 Earlier controversy upto 1-4-2012
CHAPTER 22 RULES 15 AND 15A : CONFISCATION AND PENALTY/ GENERAL PENALTY
15 Confiscation and penalty
22.1 Penalty for wrongful availment of credit
22.2 Take or utilise
22.3 No penalty if wrong availment of Cenvat due to differences in interpretation
22.4 Residual Penalty for violation of Cenvat Credit Rules
22.5 Penalty provisions in excise and service tax at a glance
CHAPTER 23 RULE 16 : SUPPLEMENTARY PROVISION
16 Supplementary provision
23.1 Scope of sub-rule (1)
23.2 Scope of sub-rule (2)
CHAPTER 24 JOB WORK
24.1 Job work under Central Excise
24.2 Exemption for job work under Cenvat
24.3 Exemption to Job work under Notification No. 214/86
24.4 Exemption for job work for inputs received from SSI unit
24.5 Valuation in case of job work
24.6 Job worker can pay duty even if material sent under Cenvat
CHAPTER 24 ACCOUNTING, INVENTORY VALUATION AND CENVAT
24.1 Accounting Treatment of Inputs in Cenvat
24.2 Accounting of Duty paid on Capital Goods
24.3 Payment of excise duty demands from Cenvat credit
24.4 Payment of 'amount'
24.5 Inventory Valuation and Cenvat