14 February 2011
please let me know what is the penal proceedings for the non submission of ER1. IF delayed by 2 weeks if there is no duty liability when i filed ER 1 by using OFF line excel utility for jan 2011, after one working day i came to know that the return has been rejected since there is miss match between my reg no and what is there in database of aces.in aces data base my reg.no is different by one charecter and name also differce by one charecter now excise officer asking to file manual return and pay fine this is not a willful late submission, now how to proceed, please advice me
14 February 2011
Government of India Ministry of Finance Department of Revenue (Central Board of Excise & Customs)
New Delhi, dated the 14th January, 2011.
To,
All Director Generals, All Chief Commissioners of Central Excise (including LTU), All Commissioners of Central Excise (including LTU).
Sir/ Madam,
Subject: Enforcement of penal provisions for non-submission of returns-reg.
Under Central Excise Law, the assessee is required to file different categories of returns depending on its applicability to them. Some of them are monthly viz.ER-1, ER-2 and ER-6, some are quarterly viz. ER-3 and some others are yearly viz. ER-4, ER-5 and ER-7. Central Excise Law envisages self-assessment of duty by the assessee and filing of the prescribed returns periodically, so that department is kept informed about the assessment and duty payment by the assessee. Fundamental ingredient of this trust based scheme, is the regular filing of returns by the assessee. These returns enable the department to verify the duty payment, cenvat credit taken and other such parameters related to assessment.
It has been brought to the notice of the Board, that many assessees are not filing the returns at all and some others are submitting the same after long delays. This problem has been found to be more pronounced in the case of specialized returns like ER-5, ER-6 and ER-7. It has also been brought to the notice of Board that the field formations do not identify the defaulters and take necessary follow up action to ensure submission of these returns.
2.1 It is stated that scrutiny of returns is the essential and basic job of the Central Excise Ranges in the field formations. Scrutiny includes identifying the assessees who have not submitted the prescribed returns, and taking follow-up action to ensure that these returns are filed at prescribed periodicity. In this regards, it is also pointed out that penalty under Rule 27 of Central Excise Rules, 2002 and Rule 15A of CENVAT Credit Rules, 2004 can be invoked against such errant assessees.
In view of above, the Board directs that immediate action may be taken by the jurisdictional Commissioners to institute a mechanism to identify such defaulters, and ensure that follow-up action including invoking penalty under the provisions of Central Excise law are taken against them. The jurisdictional Chief Commissioners shall also monitor the proper working of this mechanism every quarter.
Receipt of this instruction may kindly be acknowledged. Yours faithfully, (Amish Kumar Gupta) OSD (CX-8) F.No.267/117/2010-CX8
14 February 2011
RULE 27. General penalty. — A breach of these rules shall, where no other penalty is provided herein or in the Act, be punishable with a penalty which may extend to five thousand rupees and with confiscation of the goods in respect of which the offence is committed.
14 February 2011
15A. General penalty.- Whoever contravenes the provisions of these rules for which no penalty has been provided in the rules, he shall be liable to a penalty which may extend to five thousand rupees.
14 February 2011
thank you when i filed ER 1 by using OFF line excel utility for jan 2011, after one working day i came to know that the return has been rejected since there is miss match between my reg no and what is there in database of aces.in aces data base my reg.no is different by one charecter and name also differce by one charecter now excise officer asking to file manual return and pay fine this is not a willful late submission, now how to proceed, please advice me
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