Excise revised return

Originally posted by : Ilayaraja
	Hi sir, i have a peculiar problem. while filing the e return of january 2012 i mis-appropriated  the assessable value and thereby ended up paying less duty. further i found out the mistake and paid the difference duty liable through another challan. should i revise the return? Please reply. Regards, Ilayaraja KT

discuss the issue with your R/O, as there is NO provision of revision of EXcise returns. 

in Central Excise Act and rules made therein, there is no specific provision for filing E.R-1 with revised details. however, there is no specific limitaion or bar in present law not to file revise return. so as per law of maxim, a assessee can file revise retrun and intimate about it to its concerned officer.

the view has already been accepted by Chief Commissioner of Excie, Visakhapatnam Zone in workshop organised by Tax India Online.com on 25-04-2011.

"

3. Can we file a revised ER 1 return if there is any error in the earlier return filed with the department?

Though the rules expressly do not provide for filing revised return in case of central excise, unlike in service tax, a revised return can be filed as following the maxim, whatever is not prohibited under law is allowed. "

in a nutshell if the revenue is not effected by revision of the return, i.e no additional duty is payable or refundable after admitting the revised return, the Range Officer will do the same after verification. 

But

if any type of irregularities is found and found that a wrong return was filed to evade or delay the duty payment willingly, then it would be seen with suspect of evasion and would be accepted after a deep analysis of the records of assesee, if needed the R/O will forward the case to Deputy commissioner for sec 11A.

One of my client receives trade discount in bulk amount few months after the purchases in credit note. It has been continued since long time. He says he cant relate the discount received with particular purchase. Also, after the books were closed, he received discount for the previous year. Will he revise excise and VAT returns time and again?? Or, what can be the solutin??

Thanks in advance.. 

Shraddha Kandel

C.A. Final

Please let me know how to incoprate trading goods in ER-1 & ER-3 Manufacturer return. Supose if we had purcharsed goods against CT-1 and we had exported the same with our material and we are registered as Manufacturer - then how to incoprate trading goods in ER-1 & ER-3   

Hi Sir,

Can we file revised excise return(ER-2)

and what is processor

please reply me    

Thanks

 

You can revised the ER-1, ER-2, & ER-3 monthly or quertly return only in thecase of Original and such provision is applicable w.e.f. 01.03.2016.

Please refer Notification No. 8/2016-CE (N.T.) dated 01/03/2016, in Rule 12 of Central Excise Rules, a new sub-rule (8)(a) inserted - "An assessee, who has filed a return in the form referred to in sub-rule (1) within the date specified under that sub-rule or the second proviso thereto, may submit a revised return by the end of the calendar month in which the original return is filed."

Central Excise Return (ER-1/2/3) can be revised on and from 17th August 2016 as per notification vide 42/2016 Central Excise (N.T). The Revise return can be filed with in the same month in which the original return filed. 

Dear Sir, 

My assesee has filed incorrect ER1 by declaring incorrect GAR7 figure. Can you tell me following :

1. What is the way out?

2. What are the implications

3. What is the way further in GST?