Page 228 - ELT_1st August 2020_Vol 373_Part 3

410 EXCISE LAW TIMES [ Vol. 373

(2) When the duty leviable on such goods is assessed finally [or re-
assessed by the proper officer] in accordance with the provisions of
this Act, then -
(a) in the case of goods cleared for home consumption or exporta-
tion, the amount paid shall be adjusted against the duty [final-
ly assessed or re-assessed, as the case may be,] and if the
amount so paid falls short of, or is in excess of [the duty [final-
ly assessed or re-assessed, as the case may be,]], the importer
or the exporter of the goods shall pay the deficiency or be enti-
tled to a refund, as the case may be;
(b) ………”
RULE 3. CENVAT credit. - (1) A manufacturer or producer of
final products or a [provider of output service] shall be allowed to
take credit (hereinafter referred to as the CENVAT credit) of -
(i) the duty of excise specified in the First Schedule to the Excise
Tariff Act, leviable under the Excise Act;
(ii) the duty of excise specified in the Second Schedule to the Ex-
cise Tariff Act, leviable under the Excise Act;
(iii) the additional duty of excise leviable under section 3 of the
Additional Duties of Excise (Textile and Textile Articles) Act,
1978 (40 of 1978);
(iv) the additional duty of excise leviable under section 3 of the
Additional Duties of Excise (Goods of Special Importance)
Act, 1957 (58 of 1957);
(v) the National Calamity Contingent duty leviable under section
136 of the Finance Act, 2001 (14 of 2001);
(vi) the Education Cess on excisable goods leviable under section
91 read with section 93 of the Finance (No. 2) Act, 2004 (23 of
2004);
[(via) the Secondary and Higher Education Cess on excisable goods
leviable under section 136 read with section 138 of the Finance
Act, 2007 (22 of 2007);]
(vii) the additional duty leviable under section 3 of the Customs
Tariff Act, equivalent to the duty of excise specified under
clauses (i), (ii), (iii), (iv), (v), (vi) and (via) :
(viia) the additional duty leviable under sub-section (5) of section 3
of the Customs Tariff Act;
Provided that a provider of taxable service shall not be eligible
to take credit of such additional duty;
(viii) the additional duty of excise leviable under section 157 of the
Finance Act, 2003 (32 of 2003);
(ix) the service tax leviable under section 66 of the Finance Act;
(x) the Education Cess on taxable services leviable under section
91 read with Section 95 of the Finance (No. 2) Act, 2004 (23 of
2004);
(xa) the Secondary and Higher Education Cess on taxable services
leviable under section 136 read with section 140 of the Finance
Act, 2007 (22 of 2007); and
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