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Penulty for late filling of er 1 return


Dear Sir.

We have late filling the ER-1 return, we have not know that the monthly return must be required for fiiling.We have under the ipression that the return shoud be filled after production and movement of goods. The department not accept our reason and imposed the penulty of Rs.5000 under rule 27.The department is correct for imposition of penulty ?

 

regards,

Balendra Parmar.

 
Reply   
 
Senior Executive- F&A


Dear Sir,

If you have filed the return after due date then penlaty so imposed is correct. It could be minimised, if you made an excuse during personal hearing.

Regards

HS Negi

 

 
Reply   
 


Senior Executive- F&A


Dear Sir,

If you have filed the return after due date then penlaty so imposed is correct. It could be minimised, if you made an excuse during personal hearing.

Regards

HS Negi

 

 
Reply   
 

first of your total turnover was in excess of rs.4 crore then you have to file return monthly otherwise you have to file return quarterly. second thing is that not only production is liable to file return but production of excisable goods is create liability to file excise return. in such  a situation you have to prove to the department that our total turnover is below rs. 4 crores and we have to file return quaterly. penalty that was charged by the department is not in excess of the total liability of the excise duty payable . if your duty is low then rs.5000/- then benefit also granted.


Total thanks : 1 times

 
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glidor@gmail.com


@ Nikhil Shan

 

Quarterly return or ER-3 is available to only those assessee who are availing any benefit of value based exemption, i.e if they are paying duty from zero after availing input credit, they can not avail benefit of ER-3 but have to file ER-1 monthly.

 
Reply   
 
Manager (Indirect Taxes)

Mr. Parmar,

Manufacture or Production of Marketable excisable goods is the event for levy of Excise Duty. But the collection of duty is postponed till the time of actual removal of goods from the place of manufacture.

As far as Filing of return is concerned as per Rule 12 of Central Excise Rules, 2002, every assessee is required to submit a monthly return of production and removal of goods and other relevant particulars, within ten days after the close of the month to which the return relates.

Ignorance of laws made for the purpose is not a good excuse to avoid penal provisions. Moreover, it seems that there is no specific provision for penalty on late filing of Central Excise Return. Hence, department seems to be correct in imposing the penalty of under Rule 27, which is the general penalty.


Total thanks : 1 times

 
Reply   
 
Manager (Indirect Taxes)

Mr. Parmar,

Manufacture or Production of Marketable excisable goods is the event for levy of Excise Duty. But the collection of duty is postponed till the time of actual removal of goods from the place of manufacture.

As far as Filing of return is concerned as per Rule 12 of Central Excise Rules, 2002, every assessee is required to submit a monthly return of production and removal of goods and other relevant particulars, within ten days after the close of the month to which the return relates.

Ignorance of laws made for the purpose is not a good excuse to avoid penal provisions. Moreover, it seems that there is no specific provision for penalty on late filing of Central Excise Return. Hence, department seems to be correct in imposing the penalty of under Rule 27, which is the general penalty.

 
Reply   
 

Dear Sir,

Very Very thanks  to All for your valuable feedback.

 

Regards,

Balendra Parmar

CA Final Student & FM in Venture lighting india Limited.

 
Reply   
 

Dear Sir,

Very Very thanks  to All for your valuable feedback.

 

Regards,

Balendra Parmar

CA Final Student & FM in Venture lighting india Limited.

 
Reply   
 
Practising Company Secretaries

CAN ANYBODY TELL WHEN ER-8 IS NOT FILING ON TIME AND CHALLAN OF ER-8 IS NOT PAID ON TIME

 
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