08 November 2013
The legal provision of the law after the new notifications for ER-4 is outlined in simple language is as under; the same is applicable for ER-5 & ER-6 with reference to respective exemption notifications.
1. Filing of ER-4 return is the requirement of Rule 12(2)(a) of the Central Excise Rules, 2002, according to it all the assesses are required to file ER-4 return annually. The rule read as under;
�(2)(a) Notwithstanding anything containing in sub-rule (1), every assessee shall submit to the Superintendent of Central Excise, an Annual Financial Information Statement for the preceding financial year to which the statement relates in the form specified by notification by the Board by 30th day of November of the succeeding year.
(For ANNUAL FINANCIAL INFORMATION STATEMENT FOR THE FINANCIAL YEAR - Form E.R.-4 refer NTF. NO. 36/2004-CE (N.T.), DT. 01/11/2004)�
2. Notification No. 20/2010 CE NT Dtd. 18/05/2010, had further added the proviso under the said Rule 12(2)(a) as per which the said return is required to be filed electronically, when payment of duty is Rs. 10 lakhs or more.
IN VIEW OF ABOVE,Assessees paying duty of Rs one crore or more per annum through PLA are required to submit Annual Financial Information Statement for each financial year by 30th November of succeeding year in prescribed form ER-4 [rule 12(2) of Central Excise Rules].
DATE *** Annually by 30th November of succeeding year
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