Notification No. 46/2003, Dated 14th May, 2003

14^th May, 2003.

Notification No. 46/2003 - Central Excise (N.T.)

In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2002, namely:-

1.	(1) These rules may be called the CENVAT Credit (Twelfth Amendment) Rules, 2003.
	(2) They shall come into force on the date of their publication in the Official Gazette.
2.	In the CENVAT Credit Rules, 2002, in rule 3,
	(A)	in sub-rule (1),-0
		(a)	for clause (v), the following clause shall be substituted, namely:-
			“(v) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001), as amended by section 169 of the Finance Act, 2003 (32 of 2003);” ;
		(b)	in clause (vi), for the brackets, letter, word and figure “(v) above,”, the brackets, letter, words and figure “(v) above; and” shall be substituted;
		(c)	for clause (vii), the following clause shall be substituted, namely:-
			“(vii) the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003),”;
	(B)	in sub-rule (6), for clause (b), the following clause shall be substituted, namely:-
		“(b)	CENVAT credit in respect of -
		(i)	the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978);
		(ii)	the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001) as amended by section 169 of the Finance Act, 2003 (32 of 2003);
		(iii)	the additional duty leviable under section 3 of the Customs Tariff Act, equivalent to the duty of excise specified under sub-clauses (i) and (ii); and
		(iv)	the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003),
		shall be utilized only towards payment of duty of excise leviable under the said Additional Duties of Excise (Textiles and Textile Articles) Act, or the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001) as amended by section 169 of the Finance Act, 2003 (32 of 2003), or the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003), respectively, on any final products manufactured by the manufacturer or for payment of such duty on inputs themselves if such inputs are removed as such or after being partially processed.

Explanation.- For removal of doubts, it is clarified that the credit of the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), may be utilised towards payment of duty of excise leviable under the First Schedule or the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986).”.

V.Sivasubramanian
Deputy Secretary to the Government of India

F.No.B-6/1/2003-TRU

Foot note.- The principal rules were published in the Gazette of India vide notification No.5/2002-Central Excise (N.T.), dated the 1^st March, 2002, vide number GSR 144 (E), dated the 1^st March, 2002 and were last amended vide notification No.43/2003-Central Excise (N.T.), dated the 12^th May, 2003 number GSR 392(E), dated the 12^th May, 2003.

Frequently Asked Questions

What are Central Excise notifications?

Central Excise notifications are official announcements issued by the Government of India to communicate changes, updates, or clarifications related to central excise laws and procedures.

They may include amendments to duty rates, exemptions, procedural changes, or new compliance requirements, helping manufacturers and traders stay informed and compliant.

Why are Central Excise notifications important for businesses?

Central Excise notifications are important because they tell businesses about current regulations, duty changes, and compliance obligations.

These updates help manufacturers, importers, and tax professionals adjust their processes, prepare accurate returns, and avoid penalties for non-compliance with excise laws.

How often are Central Excise notifications released?

Central Excise notifications are released as and when the Government introduces changes to tax laws, exemptions, or procedures.

These may be issued periodically or in response to budget announcements, policy reforms, or judicial interpretations that require clarification or regulatory updates.

How can I access the latest Central Excise notifications?

The most reliable sources for the latest Central Excise notifications are official government portals such as the Central Board of Indirect Taxes and Customs (CBIC).

Seair Exim Solutions also consolidates and summarises important notifications to make it easier for businesses to track updates relevant to their operations.

Do Central Excise notifications affect past tax liabilities?

Yes, Central Excise notifications can affect past tax liabilities if they include retrospective amendments, clarifications, or transitional provisions.

Such notifications may have an earlier impact. assessments, compliance positions, or legal interpretations and should be reviewed carefully to ensure proper handling of legacy accounts.