Any tips to fill excise return er-3

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Jagdish

Accountant

84 Points Joined November 2013

We are a company involved in manufacturing and trading of Tapes. Having just started the business, we are not yet on the threshold of excise registration. Since the clients insisted, we took the Excise registration with the turnover at just Rs 10 Lacs. We don't have an SSI registration though.

Queries

1. Which Excise Return Form is applicable on us - ER1 or ER3 or any other? (We have not yet filed Return but deposited the tax of Quarter ending March)

2. Importer is registered as a Dealer with Excise. How can we utilise the duty paid to Customs by them as CENVAT.

3. Machinery was purchased in December (paid partly in June, 2014 and partly in Dec, 2014). Can we claim CENVAT on that too.

4. Tips to fill the form suggested.

We were advised by the Excise Inspector to file ER-3 while Experts (also Mr Ajay Raghatate) tell us to file ER-1 as we are not SSI registered.

Is there any other indicator to the query i.e. to recognise which form to choose to file

Replies (3)

Ajay Raghatate

Sr Executive (Excise & Accounts)

736 Points Joined February 2009

1. You have to file ER-1 (as you are not SSI Assessee) 1a. SSI Units, only pay Duty on quarterly basis and other than SSI unit, pay duty on monthly basis 2. You are eligible to avail cenvat credit for Basic Custom Duty & 4% addl Duty on Importer / dealer invoice 3. In current month you are eligible 100% cenvat credit if you are using this machinery for production 4. ER-1 return is a very simple , you just logon to website www.aces.gov.in with your UserID and file return in RET menu 5. Also you have to pay penalty for delay submission return and Intt & penalty for delay Duty payment. Thanks

Jagdish

Accountant

84 Points Joined November 2013

Originally posted by : Ajay Raghatate
	1. You have to file ER-1 (as you are not SSI Assessee) 1a. SSI Units, only pay Duty on quarterly basis and other than SSI unit, pay duty on monthly basis 2. You are eligible to avail cenvat credit for Basic Custom Duty & 4% addl Duty on Importer / dealer invoice 3. In current month you are eligible 100% cenvat credit if you are using this machinery for production 4. ER-1 return is a very simple , you just logon to website www.aces.gov.in with your UserID and file return in RET menu 5. Also you have to pay penalty for delay submission return and Intt & penalty for delay Duty payment. Thanks

Thanks Mr Ajay Raghatete for the reply but there are some queries which are still giving trouble. Can anyone please help with these.

1. There is a complete list of duty codes for payment. Which code is for payment for Basic Excise Duty? Do we enter it againt CENVAT column or is there some other code available for that.

2. We were given tax invoice by the importer along with a vcopy of Bill Of Entry for claiming the CENVAT. Do we need to take the original BE from them for claiming the CENVAT?

3. We purchased another raw material to be mixed with the imported good and there was some wastage of both the raw materials while preparing the final product. Can we adjust the CENVAT on prorata basis?

4. The Raw Material of Indian supplier came on Challan and the invoice was issued in April for three challans. Will we be able to claim CENVAT on that material in March as we sold the goods in March itself or in April as the invoice was issued by supplier in April?

5. Lastly, we were advised by the Inspector to file ER-3 instead of ER-1 as our turnover is less than Rs 4.5 Cr. The experts are telling us to file ER-1 as we are not SSI registered. We are a private limited company. Is there any other indicator for identifying the correct return form?