Urgent - consequesnce of non filing of er 4, 5, 6

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 January 2014 we are mfg of brass... have paid duty of more than 1 cr in fy 2012 - 13 and its about to complete 2013 - 14.

after 3 days at our factory EA 2000 audit is goign to be conducted, we realiesed today about this that we need to file ER 4, ER 5, and ER 6 also.

now what to do ?

URgent help required..

Arun Kumar Singh

Arun Kumar Singh (Expert)

21 January 2014 If you have not filed these returns then department can impose the penalty of Rs. 5000/- per return.

Querist : Anonymous

Querist : Anonymous (Querist)

25 January 2014 Dear Sir, thanks for reply... audit has been completed and dept could not find out thiss default...

Now what to do?
shall we volunatary file returns for old period which can save us in anyway..
or whatever gone forget... n start complying from now onwards ???

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

02 August 2025 Since the audit is already done and the department hasn’t detected the non-filing of ER-4, ER-5, and ER-6 returns, here’s what you can do now:

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### 1. **Voluntary Filing of Past Returns**

* It is **highly advisable to voluntarily file the pending ER-4, ER-5, and ER-6 returns for the old periods immediately**.
* Voluntary compliance demonstrates good faith and reduces the risk of penalty if the department notices later.
* Late filing may attract a penalty, but voluntary filing before any notice or show cause reduces legal risks.
* Keep proof of voluntary filing for future reference.

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### 2. **Start Complying Strictly Going Forward**

* Ensure **timely filing of all future ER returns** as per the prescribed schedule.
* Maintain proper documentation and records to support the returns.

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### 3. **Benefits of Voluntary Filing**

* Avoid or mitigate penalties.
* Show compliance mindset in case of future audits.
* Maintain clean records with the department.

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### Summary:

| Action | Recommendation |
| ------------------------------- | --------------------------------- |
| Audit completed, no penalty yet | Voluntary filing strongly advised |
| Continue future compliance | Strict timely filing mandatory |

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If you want, I can help you draft the voluntary filing letters or guide you on where and how to file ER-4, ER-5, and ER-6 returns online or offline. Would that help?

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