(4)The CENVAT credit may be utilized for payment of (a)any duty of excise on any final product; or(b)an amount equal to CENVAT credit taken on inputs if such inputs are removed as such or after being partially processed; or(c)an amount equal to the CENVAT credit taken on capital goods if such capital goods are removed as such; or(d)an amount under sub rule (2) of rule 16 of Central Excise Rules, 2002; or(e)service tax on any output service:Provided that while paying duty of excise or service tax, as the case may be, the CENVAT credit shall be utilized only to the extent such credit is available on the last day of the month or quarter, as the case may be, for payment of duty or tax relating to that month or the quarter, as the case may be:Provided further that the CENVAT credit of the duty, or service tax, paid on the inputs, or input services, used in the manufacture of final products cleared after availing of the exemption under the following notifications of Government of India in the Ministry of Finance (Department of Revenue),-Provided also that no credit of the additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act, shall be utilized for payment of service tax on any output service:[Provided also that the CENVAT credit of any duty specified in sub-rule (1), except the National Calamity Contingent duty in item (v) thereof, shall not be utilized for payment of the said National Calamity Contingent duty on goods falling under tariff items 8517 12 10 and 8517 12 90 respectively of the First Schedule of the Central Excise Tariff:] [Inserted by Notification No. G.S.R. 143 (E) dated 1.3.2008 (w.e.f. 10.9.2004)][Provided also that the CENVAT credit of any duty specified in sub-rule (1) shall not be utilized for payment of the Clean Energy Cess leviable under Section 83 of the Finance Act, 2010 (14 of 2010):] [Inserted by Notification No. G.S.R. 565 (E) dated 29.6.2010 (w.e.f. 10.09.2004)]Provided also that the CENVAT credit of any duty mentioned in sub-rule (1), other than credit of additional duty of excise leviable under section 85 of Finance Act, 2005 (18 of 2005), shall not be utilized for payment of said additional duty of excise on final products:(i)No. 32/99-Central Excise, dated the 8th July, 1999 [G.S.R. 508(E), dated 8th July, 1999];(ii)No. 33/99-Central Excise, dated the 8th July, 1999 [G.S.R. 509(E), dated 8th July, 1999];(iii)No. 39/2001-Central Excise, dated the 31st July, 2001 [G.S.R. 565 (E), dated the 31st July, 2001];(iv)No. 56/2002-Central Excise, dated the 14th November, 2002 [G.S.R. 764(E), dated the 14th November, 2002];(v)No. 57/2002-Central Excise, dated 14th November, 2002 [G.S.R., 765(E), dated the 14th November, 2002];(vi)No. 56/2003-Central Excise, dated the 25th June, 2003 [G.S.R. 513 (E), dated the 25th June, 2003]; and(vii)No. 71/2003-Central Excise, dated the 9th September, 2003 [G.S.R. 717 (E), dated the 9th September, 2003],shall, respectively, be utilized only for payment of duty on final products, in respect of which exemption under the said respective notifications is availed of.[Provided also that the CENVAT credit of any duty specified in sub-rule (1) shall not be utilized for payment of the Swachh Bharat Cess leviable under sub-section (2) of section 119 of the Finance Act, 2015 (20 of 2015).] [Inserted by Notification No. G.S.R. 142 (E), dated 3.2.2016 (w.e.f. 10.9.2004).]
