(1)A manufacturer or producer of final products or a provider of taxable 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 Excise 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);] [Substituted by Notification No. 27/2007-C.E. (N.T.), dated 12th May 2007 (w.e.f. 12th May 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, 2007:[***] [Inserted by Notification No. 13/2007.C.E. (N.T.), dated 1st March 2005 (w.e.f. 1st March 2005 ]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; and(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] [Inserted by Notification No. 27/2007-C.E.(N.T.), dated 12th May, 2007 (w.e.f. 12th May, 2007)](xi)[the additional duty of excise leviable under [section 85 of Finance Act, 2005 (18 of 2005).] [Inserted by Notification No. 13/2005-C.E.(N.T.), dated 1st March, 2005 (w.e.f. 1st March, 2005)]]Paid on -(i)any input or capital goods received in the factory of manufacture of final product or premises of the provider of output service on or after the 10th day of September, 2004; and(ii)any input service received by the manufacturer of final product or by the provider of output services on or after the 10th day of September, 2004,including the said duties, or tax, or cess paid on any input or input service, as the case may be, used in the manufacture of intermediate products, by a job-worker availing the benefit of exemption specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 214/86-Central Excise, dated the 25th March, 1986, published in the Gazette of India vide number G.S.R. 547 (E), dated the 25th March, 1986, and received by the manufacturer for use in, or in relation to, the manufacture of final product, on or after the 10th day of September, 2004.[Provided that the CENVAT credit shall be allowed to be taken of the amount equal to central excise duty paid on the capital goods at the time of de-bonding of the unit terms of the para 8 of the Notification No. 22/2003-Central, published in the Gazette of India, Part II Section 3, Sub-section (i), vide number G.S.R. 265(E), dated, the 31st March, 2003.] [Inserted by Notification No. 35/2008-C.E. (N.T.), dated 24th September, 2008, (w.e.f. 24th September, 2008).]Explanation. - For the removal of doubts it is clarified that the manufacturer of the final products and the provider of output service shall be allowed CENVAT credit of additional duty leviable under section 3 of the Customs Tariff Act on goods falling under heading 9801 of the First Schedule to the Customs Tariff Act.
