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Er5, er7,er4 & er6

Jaishankara H M (Accounts Officer) (63 Points)

14 April 2016

Dear sir , In ACES site one pop-up massage is coming, that is "The Central Excise Returns ER4, ER5, ER6 and ER7 are not required to be filed w.e.f 1st April 2016 (refer notification No.8/2016 CE(NT) dtd 1.3.2016 & 13/2016-CE(NT) dtd 1.3.2016 ). Assessees can continue to file these returns in ACES for the past period. A new Annual Return, is prescribed under Rule 12 (2) (a) of Central Excise Rules, 2002 read with Rule 9A of Cenvat Credit Rules, 2004. The new format will be notified by the Board. The same has to be filed by 30th November 2016."

My question is assessee is required to file these return in old format or new format relating to FY 2015-16?

Kindly clarify please?

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11 Replies

Venkatanarayana GM (Partner associate at Hiregange & Associates) (1279 Points)
Replied 17 April 2016

Mr. Jaishankara sir,

For old period, penalties can be levied by the department. The system is not allowing to file ER - 7 for F.Y 2015-16 becasue new format would be released by dept very soon which is called as Annual returns under CE law which takes care of your ER 4, ER 5, ER 6, ER7.

venkat

venkat @ hiregange.com

9620116162

Jaishankara H M (Accounts Officer) (63 Points)
Replied 18 April 2016

Dear Venkat sir,

Thanks for clarification.

Regards

Jaishankara H M

R P Ananthakumar (Sr. Officer - Central Excise/Cash) (514 Points)
Replied 20 April 2016

Dear Mr. Jaishankara,

Both the notn are relavant to your subject. pls confirm to check.

Jaishankara H M (Accounts Officer) (63 Points)
Replied 21 April 2016

Dear Mr. AnanthaKumar,

What I have to confirm? I couldn't get please tel me.

Pratik Patel (Service) (48 Points)
Replied 05 May 2016

Dear

As per Rule 9A was subsituted by Not. No. 13/2016-CE(NT) dated 01/03/2016 (ER-4, ER-5, ER-6 & ER-7) are not required to file.

Please click on LINK for Notification :- https://indiabudget.nic.in/ub2016-17/cen/cent1316.pdf

Please go through the Notification a New Annual Return is introduct instead of (ER-4, ER-5, ER-6 & ER-7) and it is likely to be submitted before 30th Nov those who have paid more that 1 Crore in (PLA + CENVAT CREDIT).

New Rule 9A subsituted is

For rule 9A of the said rules, the following sub-rule shall be substituted, namely:-
―9A. Annual return.- (1) A manufacturer of final products or provider of output services, shall submit to the Superintendent of Central Excise an annual return for each financial year, by the 30th day of November of the succeeding year, in the form as specified by a notification by the Board.
(2) The provisions of rule 12 of the Central Excise Rules, 2002, in so far as they relate to annual return shall, mutatis-mutandis, apply to the annual return required to be filed under this rule."

satya (Executive Excise) (1839 Points)
Replied 29 October 2016

Till now CBEC not specified New Annual Excise Return.

Jaishankara H M (Accounts Officer) (63 Points)
Replied 20 January 2017

Dear Sir

Any updates about New Annual Excise Return.?.

Kindly confirm

Thanks & Regards

Jaishankara H M

satya (Executive Excise) (1839 Points)
Replied 20 January 2017

Circular No.1050/38/2016-CX

In view of impending implementation of Goods & Services Tax (GST) it has been decided that, the aforesaid Annual Return shall not be required to be filed for the year 2015-16, which is due to be filed by 30.11.2016.

Mir Irshad Ali (Partner) (192 Points)
Replied 28 January 2017

The CBEC vide Circular No. 1050/38/2016-CX dated 08.11.2016, has clarified that the Annual Return for 2015-16 is not required to be filed in view of GST.

" 2. In view of impending implementation of Goods & Services Tax (GST) it has been decided that, the aforesaid Annual Return shall not be required to be filed for the year 2015-16, which is due to be filed by 30.11.2016. After implementation of GST, Annual Return for non-GST goods only may be required. A final view on the same would be taken after due consultation with the trade. "

Mir Irshad Ali (Partner) (192 Points)
Replied 28 January 2017

The CBEC has clarified vide Circular No. 1050/38/2016-CX dt. 08.11.2016 that no Annual Return of Central Excise & Service Tax is required to be filed for 2015-16.

2. In view of impending implementation of Goods & Services Tax (GST) it has been decided that, the aforesaid Annual Return shall not be required to be filed for the year 2015-16, which is due to be filed by 30.11.2016. After implementation of GST, Annual Return for non-GST goods only may be required. A final view on the same would be taken after due consultation with the trade.