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Thread: Cenvat Credit Rules, 2004.

  1. #21
    Rules and Regulations
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    Thumbs up Cenvat Credit Rules, 2004 - Rule no. - 15 - Confiscation and penalty.

    Cenvat Credit Rules, 2004

    Rule no. - 15


    3[Confiscation and penalty.-


    (1) If any person, takes or utilises CENVAT credit in respect of input or capital goods or input services, wrongly or in contravention of any of the provisions of these rules, then, all such goods shall be liable to confiscation and such person, shall be liable to a penalty not exceeding the duty or service tax on such goods or services, as the case may be, or two thousand rupees, whichever is greater.


    (2) In a case, where the CENVAT credit in respect of input or capital goods or input services has been taken or utilised wrongly by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of the Excise Act, or of the rules made thereunder with intent to evade payment of duty, then, the manufacturer shall also be liable to pay penalty in terms of the provisions of section 11AC of the Excise Act.


    (3) In a case, where the CENVAT credit in respect of input or capital goods or input services has been taken or utilised wrongly by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of these rules or of the Finance Act or of the rules made thereunder with intent to evade payment of service tax, then, the provider of output service shall also be liable to pay penalty in 78 of the Finance Act.


    (4) Any order under sub-rule (1), sub-rule (2) or sub-rule (3) shall be issued by the Central Excise Officer following the principles of natural justice.]



    *******************
    Notes:


    1 For the words , without taking reasonable steps to ensure that appropriate duty on the said input or capital goods has been paid as indicated in the document accompanying the input or capital goods specified in rule 9 or contravenes, the words, in contravention of has been substituted; vide Notification No. 10/2007 CE (NT) dated 1/3/2007


    2. For the words, ten thousand rupees, the words, two thousand rupees has been substituted; vide Notification No. 10/2007 CE (NT) dated 1/3/2007 w.e.f 11/5/2007


    3.
    Rule 15 has been substitutedvide notification no. 6/2010 CE(NT) dated 27-2-2010 w.e.f. 27-2-2010, before it was read as,


    "[15. Confiscation and penalty.-



    (1) If any person, takes CENVAT credit in respect of input or capital goods, wrongly or 1[in contravention of] any of the provisions of these rules in respect of any input or capital goods, then, all such goods shall be liable to confiscation and such person, shall be liable to a penalty not exceeding the duty on the excisable goods in respect of which any contravention has been committed, or 2[two thousand rupees], whichever is greater.


    (2) In a case, where the CENVAT credit in respect of input or capital goods has been taken or utilized wrongly on account of fraud, willful mis-statement, collusion or suppression of facts, or contravention of any of the provisions of the Excise Act or the rules made thereunder with intention to evade payment of duty, then, the manufacturer shall also be liable to pay penalty in terms of the provisions of section 11AC of the Excise Act.


    (3) If any person, takes CENVAT credit in respect of input services, wrongly or 1[in contravention of] any of the provisions of these rules in respect of any input service, then, such person, shall be liable to a penalty which may extend to an amount not exceeding 2[two thousand rupees].


    (4) In a case, where the CENVAT credit in respect of input services has been taken or utilized wrongly by reason of fraud, collusion, willful mis-statement, suppression of facts, or contravention of any of the provisions of the Finance Act or of the rules made thereunder with intention to evade payment of service tax, then, the provider of output service shall also be liable to pay penalty in terms of the provisions of section 78 of the Finance Act.


    (5) Any order under sub-rule (1), sub-rule (2), sub-rule (3) or sub-rule (4) shall be issued by the Central Excise Officer following the principles of natural justice.]"

  2. #22
    Rules and Regulations
    Guest

    Thumbs up Cenvat Credit Rules, 2004 - Rule no. - 15A - General penalty.

    Cenvat Credit Rules, 2004

    Rule no. - 15A


    [1]
    General penalty.-


    Whoever contravenes the provisions of these rules for which no penalty has been provided in the rules, he shall be liable to a penalty which may extend to five thousand rupees."


    ****************
    Notes:


    1 Inserted vide notification no. 10/2008 CE(NT) dated 1-3-2008 with effect from 1-4-2008.

  3. #23
    Rules and Regulations
    Guest

    Thumbs up Cenvat Credit Rules, 2004 - Rule no. - 16 - Supplementary provision.

    Cenvat Credit Rules, 2004

    Rule no. - 16


    Supplementary provision.-


    (1) Any notification, circular, instruction, standing order, trade notice or other order issued under the CENVAT Credit Rules, 2002 or the Service Tax Credit Rules, 2002, by the Central Government, the Central Board of Excise and Customs, the Chief Commissioner of Central Excise or the Commissioner of Central Excise, and in force at the commencement of these rules, shall, to the extent it is relevant and consistent with these rules, be deemed to be valid and issued under the corresponding provisions of these rules.


    (2) References in any rule, notification, circular, instruction, standing order, trade notice or other order to the CENVAT Credit Rules, 2002 and any provision thereof or, as the case may be, the Service Tax Credit Rules, 2002 and any provision thereof shall, on the commencement of these rules, be construed as references to the CENVAT Credit Rules, 2004 and any corresponding provision thereof.

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