Section 16(3) in The Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010
(3)The CENVAT credit under sub-rule (1) may be taken immediately on receipt of bulk packs of [chewing tobacco and Jarda scented tobacco] [Substituted for the words "chewing tobacco" by Notification No. G.S.R. 174 (E) dated 17.3.2012 (w.e.f. 27.2.2010)] and may be utilised for payment of duty leviable under section 3A of the Act on chewing tobacco:Provided that while paying duty, the CENVAT credit shall be utilized only to the extent such credit is available on the last day of the month preceding the month for which duty is paid:Provided further that CENVAT credit in respect of -(i)the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001;(ii)the education cess on excisable goods leviable under section 91 read with section 93 of the Finance (No. 2) Act, 2004;(iii)the Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007;(iv)the additional duty of excise leviable under section 85 of Finance Act, 2005, shall be utilised towards the payment of the said National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001, or the education cess on excisable goods leviable under section 91 read with section 93 of the said Finance (No. 2) Act, 2004, or the Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007 or the additional duty of excise leviable under section 85 of the Finance Act, 2005 respectively, on [chewing tobacco and Jarda scented tobacco] [Substituted for the words "chewing tobacco" by Notification No. G.S.R. 174 (E) dated 17.3.2012 (w.e.f. 27.2.2010)] notified under Section 3A of the Act and manufactured by the manufacturer.
