[TO
BE PUBLISHED IN GAZETTE OF INDIA, EXTRAORDINARY, PART –II, SECTION 3,
SUB-SECTION (i)]
GOVERNMENT
OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No. 21 /2017 - Central Excise (N.T.)
New Delhi, the
30th June, 2017
G.S.R. (E).- In
exercise of the powers conferred by sub-rule (2) of rule 15 of CENVAT Credit
Rules, 2017, the Central Government hereby directs that a manufacturer who was
registered under Central Excise Act, 1944 (hereinafter referred as
‘manufacturer’), to evidence payment of duty of excise specified in the First
Schedule to the erstwhile Central Excise Tariff Act, 1985, paid on goods
manufactured and cleared by him under the cover of an invoice before the 1 st
day of July, 2017 (hereinafter referred to as ‘such date’), may issue a
document called Credit Transfer Document (hereinafter referred to as ‘CTD’) to
a person (hereafter referred to as ‘dealer’) who was not registered under the
Central Excise Act, 1944 but is registered under the provisions of Central
Goods and Services Tax Act, 2017 (hereinafter referred to as ‘CGST Act, 2017’)
and is in possession of such manufactured goods held in stock on the such date,
subject to such limitations, conditions and procedures as specified below:
1. (i) The value of
such goods is more than rupees twenty-five thousand per piece;
(ii) goods bear the
brand name of the manufacturer or the principal manufacturer and are
identifiable by a distinct number such as chassis or engine number of a car;
(iii) verifiable records
of clearance and duty payment relatable to each piece of such goods is
maintained by the manufacturer and are made available for verification on
demand by a Central Excise officer;
(iv) the CTD shall be
serially numbered and shall contain the Central Excise registration number,
address of the concerned Central Excise Division, name, address and GSTIN
number of the person to whom it is issued, description, classification, invoice
number with date of removal, mode of transport and vehicle registration number,
rate of duty, quantity, value and duty of excise specified in the First
Schedule to the erstwhile Central Excise Tariff Act, 1985 paid thereon;
(v) the manufacturer is
satisfied that the dealer to whom CTD is issued is in possession of such
manufactured goods in the form in which it was cleared by him;
(vi) the CTD shall be
issued within 45 days of such date and copy of the corresponding invoice(s)
shall be enclosed with it;
(vii) copies of all
invoices relating to sale and purchase of the goods from manufacturer to the
dealer, including intermediate dealer(s), if any, is maintained by the dealer
availing credit using CTDs;
(viii) CTD shall not be
issued in favour of a dealer to whom invoice was issued for the same goods
before such date;
(ix) a dealer availing
credit using CTD on manufactured goods shall not be eligible to avail credit
under provision of sub-rule (4) of rule 117 of Central Goods and Services Tax
Rules, 2017 on identical goods manufactured by the same manufacturer available
in the stock of the dealer;
(x) a dealer availing
credit on the basis of CTD shall, at the time of making supply of such goods,
mention the corresponding CTD number in the invoice issued by him under section
31 of the CGST Act, 2017;
2. Where a manufacturer
issues a CTD such that credit of central tax is availed twice on the same goods
under the provisions of CGST Act, 2017 and the rules made thereunder, he shall
be jointly and severally responsible for excess credit availed by the dealer
and provisions for recovery of credit, interest and penalty under the CENVAT
Credit Rules, 2017 shall apply mutatis-mutandis on such manufacturer.
3. A manufacturer
issuing a CTD shall submit details thereof in table 1 of TRANS 3 on common
portal within sixty days of the appointed date.
4. A dealer availing
credit on CTD shall submit details thereof in table 2 of TRANS 3 on common
portal within sixty days of the appointed date.
5. A manufacturer
issuing CTD shall maintain record in the form TRANS 3A and such record shall be
made available to the Central Excise officer for verification on demand.
6. A dealer availing
credit on CTDs shall maintain record in the form TRANS 3B and such record shall
be made available to the Central Excise officer for verification on demand.
Trans
3
Table
1. To be filled by manufacturer issuing CTD
S. No. |
GSTIN of the
dealer whom CTD is issued |
Total no. of
CTDs issued |
No. of
invoices against which CTDs have been issued |
Total quantity
for which CTD issued |
Total value of
Goods for which CTDs have been issued |
Central Excise
duty paid on such goods |
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Trans
3
Table
2. To be filled by dealer availing Credit on CTD
S. No. |
GSTIN of the
manufacturer issuing CTDs |
GSTIN of the
manufacturer issuing CTDs |
No. of
invoices against which CTDs have been issued |
No. of
invoices against which CTDs have been issued |
Total value of
Goods for which CTD has been issued |
Central Excise
duty paid on such goods |
Credit availed
by the dealer |
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Trans
3A
1.
Documents to be maintained by the manufacturer issuing CTDs
S. No. |
CTD No. |
Invoices no.
against which CTD has been issued |
Invoice date |
Months in
which these clearances were made against the invoices |
Months in
which these clearances were made against the invoices |
Value of Goods |
Central Excise
duty paid |
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Trans
3B
1.
Documents to be maintained by the dealer availing credit on CTDs
S. No. |
CTD No. |
Invoice no(s).
against which CTD has been issued |
Months in
which these clearances were made against the invoices |
GSTIN Nos. of
all intermediate buyers and sellers through whom the goods have passed |
Value of goods |
Central Excise
duty paid on them |
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2. They
shall come into force on the 1 st day of July, 2017.
[F. No.
267/22/2017-CX.8]
(ROHAN)
Under Secretary to the Government of India
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