Excise Return

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

02 November 2010 Dear All,

I am working 4 a manufacturer company and they are enjoying some tax holidays of five years, and they are manufacturer group and producing some Exisable Product and not filling their monthly returns. So please guide Is there any offence or is it allowed or they have to file their nil excise return. Please reply

Atul

Deepak Joshi

Deepak Joshi (Expert)
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02 November 2010 Rule 12 of the Central Excise Rules, 2002 Sub-rule (1), every assessee is required to submit a monthly return in proper form of production or removal of goods and other
relevant particulars to the superintendent of Central Excise, within ten days after the close of the month to which the
return relates.
It has also been provided that where an assessee is availing the exemption under a notification based on the value of
clearances in a financial year, he shall file a quarterly return in proper form of production and removal of goods and other
relevant particulars within twenty days after the close of the quarter to which the return relates. According to Notification,
the return is required to be filed in quintuplicate in Form ER-1 (EOU/EPZ/SEZ units are required to file return in Form ER-2). For SSIs Form ER-3 has been prescribed.
If there is delay in payment of duty, interest should also be deposited before filing ER-1 return. This return is
acknowledged by Superintendent of Central Excise and one copy duly acknowledged is returned to the assessee.

Querist : Anonymous

Querist : Anonymous (Querist)

02 November 2010 Thannx A Lot Mr Joshi I have also one query that we did not filed the return for this year (Two Quarters) in Form ER-2. So what the penalty amount should we have to Pay!!!!

Infact the above quarterly returns recommended by you those are also not filled in the last year also

Hence wr are not liable to pay the excise duty so we have to pay the Interest or any type of Penalty. Please recommended any sections for the penalty and Interest (If we have to pay)

Deepak Joshi

Deepak Joshi (Expert)
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02 November 2010 Sir could you please advise registration status of your organisation
you can mail me at deepakj@mbggroup.co.cc

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