Filing of return - New form E.R.-8 CE Rules, 2002

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RULE 12 OF THE CENTRAL EXCISE RULES, 2002 - FILING OF RETURN - NEW FORM E.R.-8

NOTIFICATION NO.15/2011-CENTRAL EXCISE (N.T.), DATED 30-6-2011

In exercise of the powers conferred by sixth proviso to sub-rule (1) of rule 12 of the Central Excise Rules, 2002 the Central Board of Excise and Customs hereby specifies the form for quarterly return, namely:-

Form E.R.-8

Original/Duplicate

[See rule 12 of the Central Excise Rules, 2002]

[To be submitted by the assessee falling under sixth proviso to rule 12(1) of the Central Excise Rules, 2002]

Return of excisable goods cleared @ 1% duty for the quarter
From :
MMMYYYY
To:
MMMYYYY

 

1. Registration number.-




 
 
 
 
 
 
 
 
 





 
 
 
2. Name of the Assessee .-




 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 





 
3. Details of the manufacture, clearance and duty payable.-

 

S. No.
CETSH NO.
Descriptttion



of goods
Unit of



quantity
Serial number



of



Notification



No.1/2011
Opening



balance
Quantity



manufac-



tured
Quantity



cleared
Closing



balance
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)





 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

Assessable



Value (Rs.)
Excise duty



payable @ 1%
Education Cess & Secondary



Education Cess (2%+1%)
Total Duty



payable
(10)
(11)
(12)
(13)

4. Details of duty paid on excisable goods:

Duty code
Amount (Rs.)
Challan No.
Date
Bank Code
Branch Code
(1)
(2)
(3)
(4)
(5)
(6)
CENVAT
 
 
 
 
 
Edu. Cess & Sec. & Higher Education Cess
 
 
 
 
 
Total duty paid
 
 
 
 
 

5. Details of other payments made:

Payments
Amount



(Rs.)
Challan



No.
Date
Bank



Code
Branch



Code
Remarks
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Other payments (Specify)
 
 
 
 
 
 

6. Self-assessment memorandum:

 (a)  I hereby declare that the information given in this Return is true, correct and complete in every respect and that I am authorised to sign on behalf of the assessee.

 (b)  During the quarter, total…………………. was deposited vide GAR7 Challans (copies enclosed).

  (c)  During the quarter, invoices bearing S.No. ………. to S.No. ………. were issued.

Date:

Place:

(A) Name and signature of Assessee or



Authorised Signatory

ACKNOWLEDGEMENT

Return of excisable goods cleared @ 1% duty for the quarter
From :
MMMYYYY
To:
MMMYYYY

 

 
D
D
 
M
M
Y
Y
Y
Y
Date of receipt
 
 
 
 
 
 
 
 
 
Name and Signature of the Range Officer with

Official Seal

INSTRUCTIONS

   1.  Indicate the 15-digit PAN based registration number and the name as appearing in the Registration Certificate.

   2.  In case more than one item is manufactured, additional row may be inserted in each table, wherever necessary.

   3.  In case the goods are cleared for export under Bond, the details of clearance may be mentioned separately.

   4.  8-digit CETSH Number may be indicated under the column CETSH.

   5.  Wherever quantity codes appear, indicate relevant abbreviations as given below :

 
Quantities
Abbreviations
Quantities
Abbreviations
 
Centimetre(s)
cm
Metre(s)
m
 
Cubic centimetre(s)
cm3
Square metre(s)
m2
 
Cubic metre(s)
m3
Millimetre(s)
mm
 
Gram(s)
g
Metric tonne
mt
 
Kilogram
kg
Number of pairs
pa
 
Kilolitre
kl
Quintal
q
 
Litre(s)
l
Tonne(s)
t
 
Thousand in number
Tu
Number
u

   6.  In the column (8) of Table at serial number 3, the assessable value means,

 (a)  where goods attract ad valorem rate of duty, the value under section 4 of Central Excise Act, 1944 (1 of 1944);

 (b)  where goods are covered under section 4A of the Act, the assessable value as worked out under MRP after allowing deductions as provided under section 4A of the Act;

 (c)  in case of goods for which the tariff value is fixed, such tariff value;

 (d)  in case of exports under Bond, the ARE-1/ARE-2/invoice value.

   7.  Details of any other payments like arrears, interest etc. may be mentioned in serial number 5

Replies (13)

 

Thanks for sharing.....

good updatation. bookmarked                          

we have produced the articles under chapter heading 16, 18, and 19.

also we have not taken the any cenvat credit, we have filed the ER-1 return on monthly basis, so I want clarification that we need to filed the seperate return for chapter heading 16 on Quarterly basis, and other chapter heading 18 and 19 need to ER-1 Return on monthly basis,

OR can we file the only ER-1 inlcuding all chapters heading ???

Please let me know

ER1 will continue 

ER8 should be filed by the manufacturers who are neither availing input credit nor clearing any good which is charged of excise over 1%

Thanks..

 

Dear Sharma ji,

 

Again my query is, whether we will be required to file ER-1 for other than 1% Excisable products and ER-8 for Excisable @ 1%. We are not availaing any Excise Credit for any inputs.

Is there any clarirfication or notification from the department stating theExcise Return shall be file monthly as in our case.

 

Thanks in advance

 

Nilesh

ER8 covers goods of 1% tax bracket only

 

 

Return of excisable goods cleared @ 1% duty for the quarter
From :
MMMYYYY
To:
MMMYYYY

 

Yes, I agree with you, but what is in our case, we have mfg. the product under chapter 16, 18 and 19

as per your earlier suggestion is below :-

ER1 will continue 

ER8 should be filed by the manufacturers who are neither availing input credit nor clearing any goods which is charged of excise over 1%

  

 Is there any circular or clarification from department as aforesaid ???

 

Thanks

Nilesh

 

  

 

RULE 12  Filing of return.— (1) Every assessee shall submit to the Superintendent of Central Excise a monthly return in the form specified by notification by the Board, of production and removal of goods and other relevant particulars, within ten days after the close of the month to which the return relates :
Provided that an assessee, manufacturing pan masala falling under tariff item 2106 90 20 or pan masala containing tobacco falling under tariff item 2403 99 90, shall also file, along with the return, for the month to which the said return relates, a statement summarizing, -

(a)

the purchase invoices for the month with the names and addresses of the suppliers of betel nut,tobacco and packing material along with the quantity of the said goods purchased; and

(b)

the sales invoices for the month with the names and addresses of the buyers, descripttion, quantity and value of goods sold by the assessee.

          Explanation. - When the goods are not sold from the factory, the address of the premises to which the goods are dispatched from the factory shall also be provided:
Provided further that where an assessee is, -

(a)

[ * * * * ] Omitted

(b)

manufacturing processed yarn, unprocessed fabrics falling under Chapter 50, 51, 52, 53, 54, 55, 58 or 60 of First Schedule to the Tariff Act; or

(c)

manufacturing readymade garments falling under Chapter 61 or 62 of First Schedule to the Tariff Act, which prior to 1st day of April, 2003 were eligible for an exemption under a notification based on value of clearances in a financial year,

 he shall file a quarterly return in the form specified by notification by the Board, of production and removal of goods and other relevant particulars, within twenty days after the close of the quarter to which the return relates.
         Provided also that where an assessee is eligible to avail of the exemption under a notification based on the value of clearances in a financial year, he shall file a quarterly return in the form specified, by notification, by the Board, of production and removal of goods and other relevant particulars within ten days after the close of the quarter to which the return relates.
       Explanation 1. - For the purposes of this proviso, it is hereby clarified that an assessee shall be eligible, if his aggregate value of clearances of all excisable goods for home consumption in the preceding financial year computed in the manner specified in the said notification did not exceed rupees four hundred lakhs.
       Explanation 2. - The filing of returns as specified in this proviso shall be available to the assessee for the whole of the financial year.
       Provided also that where an assessee has paid total duty of rupees ten lakh or more including the amount of duty paid by utilization of CENVAT credit in the preceding financial year, he shall file the monthly or quarterly return, as the case may be, electronically:
        Provided also that, where an assessee is availing the exemption notification of the Government of India, Ministry of Finance (Department of Revenue) No. 49/2003-Central Excise, dated the 10th June, 2003 vide number G.S.R. 471(E), published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (i) dated the 10th June, 2003 or No. 50/2003-Central Excise, dated the 10th June, 2003 vide number G.S.R. 472(E), published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (i), dated the 10th June, 2003, he shall file a quarterly return with the jurisdictional Commissioner of Central Excise, in the form specified by notification by the Board, of production and removal of goods and other relevant particulars, within twenty days after the close of the quarter to which the return relates and in case of goods produced and removed during the quarter ending on the 31st day of December, 2007, such return shall be submitted by the 20th February, 2008

monthly return is prescribed only when 

1) assessee has crossed 150 Lacs limit and paying duty 

2) in previous year the assessee has crossed 400 lacs limit of home clearance

3) assessee is availing cenvat credit.

Dear Sir,

Please guide me in case of following queries for payment of excise duty on clearance of pen from pen manufacturing unit as applicable from 01.03.2011:-

 

a)  Previously Form E.R-1 was submitted for filing Excise return from March, 2011onwards as Excise duty @ 1.03% is being paid by us on  clearance of pens without availing CENVAT Credit.

 

b)  But after that we have been informed by concerned officer of Excise department that as per Notification No. 15/2011-Central Excise(N.T.) New Delhi, dated 30th June, 2011, of Govt. of India, Ministry of Finance (Deptt. Of Revenue), Excise return in form E.R-8, has become applicable.

 

 

c)  On the basis of above notification and as per sub-rule(1) of Rule 12 of the Central Excise rules, 2002, the Central Board of Excise and Customs hereby specify to submit the said E.R-8 form on quarterly basis.

 

d)  Accordingly as form E.R-1 was already submitted for April and May 2011, excise return for June 2011, was submitted in form E.R-8 manually with excise deptt. as the said form E.R-8 was not uploaded in the website of Excise Deptt. till filling the return (i.e. 10th July,2011).

e)  In the mean time concerned official of Excise Deptt. advice us to submit Excise Return in form E.R-8 on monthly basis manually from July 2011 onwards. Which we are submitting.

 

My Question is whether we should insist for Excise Return in Form E.R-8 on quarterly basis or we should continue on monthly basis?

 

.Also it has been observed that some of the pen manufacturing units in Kolkata are submitting Excise Return in form E.R-1 online on monthly basis as no information has been received by their excise deptt. in respect of form E.R-1.

 

 

Regards

 

K S Bhalla

 

 

as my suggestion, you are continue Er-1 Return

Regards

Nilesh

Respected Sir,

 

We required you opinion on the following issue.

 

we are manufacturing and clearing the following vaccines..

 

1.Tetanus Toxoid falling under the chapter 30022013

2.Hepatitis B falling under the chapter 30022012

3.Diphtheria Pertussiss Tetanus (DTP) falling under the chapter 30022021

4. Recon Penta falling under the chapter 30022029.

5. Liquid Penta falling under the chapter 30022029.

6.Japanese Encephilitis falling under the chapter 30022029.

 

We are clearing  TT, DPT, Hep B vaccine which are specified under the National Immunization Programme at NIL rate of duty vide SL.No126 of Notification No12/2012 CE, dated 17.03.2012 and for the products Recon Penta, Liquid Penta and Japanese Encephalitis we are paying 2% (Cash – PLA) as per Notification No:1/2011 now it is 16/2012 CE dated 17.03.2012 as it is not cover under the National Immunization Programme.

 

 we are filing ER1 return every month giving the details of the clearance made under notification No:12/2012 and for the clearance made under Notification No:01/2012 now 16/2012 CE dated 17.03.2012. I understand that units availing the notification No:01/2012 now 16/2012 CEx dated 17.03.2012 paying 2% rate of duty as  to file  return ER8 (Quarterly) vide Notification No:15/2011 – C.Ex (N.T) dated 30.06.2011.

 

Kindly give your opinion whether we need to file both return ER1 and ER8 (quarterly) or only ER1 is sufficient in which we are giving all the details of clearance made in vide notification No12/2012 and Notification No:16/2012 CE dated 17.03.2012.


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