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Invoice not considered while making payment of excise duty

EXICSE (Legacy) 452 views 5 replies

I would like to know that while making payment of Exicse duty if i have not considered a invoice(Purchase/Sale) and paid the duty what is the recourse available?

Thanks

Replies (5)

If there is any discrepancy in filed Return,there is no facility to revise ER-1 or ER-3 return in online filing but you can give actual Return along with request letter to Range Superintendent to modify it.

Originally posted by : Hammad Rashid
If there is any discrepancy in filed Return,there is no facility to revise ER-1 or ER-3 return in online filing but you can give actual Return along with request letter to Range Superintendent to modify it.

Dear Sir,

Thanks for your reply.I would also like to know whether or not i can adjust the amount of excise duty liability afterwards?

I am still in CA final wink I am not an Expert in this field .So, wait for an expert reply and then do as you think fit.

In my opinion,Interest on late payment of excise duty 18% p.a and a penalty of 1% per month or part thereof on the unpaid duty will still be applicable even if you give request letter for modification.Because if you once admit that there is unpaid liability which you intend to adjust in future, there will remain unpaid Excise Duty.

 

Thank you sir,

But if i have not availed Cenvat Credit on the missed invoice and intend to avail the same in future against excise duty liability is that possible?

If you have not availed Cenvat Credit on the missed invoice and intend to avail the same in future against excise duty liability, you can do that. Because if it is not allowed there will be genuine hardship for you. Law maintains the balance.Also, you will be paying all the dues of Excise, then there is no restriction for you to avail the Cenvat Credit.

 


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