Ad Free CAclubindia and Daily Updates on your Mobile. Subscribe Now!

ER 4 Return

Lakhpati Patil (ICWA Final) (57 Points)

10 May 2011

Can anybody give me information about ER4 Return

1.what is criteria of ER 4 Return

Reply
Follow
Share

11 Replies

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 10 May 2011

TRADE NOTICE NO.94/2004 DATE: 5.11.2004

Subject: Central Excise- Communication of Notification No.34/2004 to 36/2004 Central Excise ( Non-Tariff) all Dated 01.11.2004 – Requirement to file E.R. 4 - Annual Financial Information Statement with the Department by Assessees paying Excise Duty More than One Hundred Lakh Rupees from Account Current - Reg.

..:O:..

All Central Excise Assessees are required to file an Annual statement titled “ Annual Financial Information Statement ” with the jurisdictional Superintendent of Central Excise. This statement for a Financial Year is to be filed by the 30^th November of succeeding year.

Accordingly, all assesses are required to file the E.R. 4 - Annual Financial Information Statement for the year 2003-04 by 30.11.2004 with the concerned Range Superintendent of Central Excise and obtain Acknowledgement. The above information are required under Rule 12 of the Central Excise Rules 2002 as amended for this purpose by Notification No. 34/2004 CE (NT) dated 01.11.2004 ( copy enclosed ).

However, assesses who are paying Excise Duty of less than Rs.100 Lakhs from Account Current ( PLA ) are exempted from filing this Annual Return.

The Annual Financial Information Statement is to be filed in duplicate in form E.R. 4 prescribed under Notification No. 36/04 CE (NT) dated 01.11.2004.

This form is available in web site “https:// kalalchennai.tn.nic.in ” which may be downloaded for use.

Contents of the Trade Notice may be brought to the notice of all concerned for compliance.

(Issued from file No. C.No. IV/16/10/2004-CX. Pol.PF)

Upgrade to CAclubindia Pro. Subscribe Now!

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 10 May 2011

Copy of NOTIFICATION NO 34/ 2004-Central Excise (N.T.), Dated : November 1, 2004

In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules further to amend the Central Excise Rules, 2002, namely:-

1. (1) These rules may be called the Central Excise (Fifth Amendment) Rules, 2004.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Rule 12 of the Central Excise Rules, 2002, shall be re-numbered as sub-rule (1) thereof; and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted namely,:-

“(2)(a) Notwithstanding anything containing in sub-rule (1), every assessee shall submit to the Superintendent of Central Excise, an Annual Financial Information Statement for the preceding financial year to which the statement relates in the form specified by notification by the Board by 30th day of November of the succeeding year.

(b) The Central Government may, by notification, and subject to such conditions or limitations as may be specified in such notification, specify assessee or class of assessees who may not require to submit such an Annual Financial Information Statement.”.

[F.No. 206/4/2004-CX 6]

(Neerav Kumar Mallick)
Under Secretary to the Government of India
Note: The principal rules were published in the Gazette of India vide notification No. 4/2002-CE (NT), dated 1st March, 2002 [G.S.R.143 (E), dated the 1st March, 2002] and were last amended by notification No. 27/2004-Central Excise (N.T), dated the 28th September, 2004 [G.S.R. 645(E), dated the 28th September, 2004].

………………………

Copy of NOTIFICATION NO 35/ 2004-Central Excise (N.T.), Dated : November 1, 2004

In exercises of the powers conferred by clause (b) of sub-rule (2) of the rule 12 of the Central Excise Rules, 2002,(hereinafter referred to as the said rules) the Central Government, being satisfied that it is necessary and expedient in the public interest so to do, hereby exempts from the operation of clause (a) sub-rule(2) of rule 12 of the said rules the assessee who paid duty of excise less than One Hundred Lakh Rupees from account current during the financial year to which the Annual Financial Information Statement relates.

[F.No. 206/4/2004-CX 6]

(Neerav Kumar Mallick)

1 Like

Lakhpati Patil (ICWA Final) (57 Points)
Replied 10 May 2011

Sir,

Means if any assessee pay more than 1 core from PLA(Current) Account(only) to central excise need to file ER 4 Return to central excise

Sir One more question

if XYZ assessee pay Rs.70 lacks from his PLA( Current) Account and Rs. 1.65 Core from his Rg 23 II register then it is necessary to him to file ER 4 Return Please explain me.

Thanking you

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 11 May 2011

ER4 is required to filed when PLA cross 100 lacs,

as in such cases departmental audit frequency is yearly or more than it, and this data is only sumjmery of audited balance sheet, audit may get delayed if we provide data in time,

S. Banerjee (Practising Cost Accountant. Core area- Central Excise. Service Tax Costing system installation including maintenance of Cost Records and Cost Audit and Management Audit mainly Revenue leakages Audit) (622 Points)
Replied 28 November 2011

Mr. Patil,

Pl see the undermentioned Circular:

Circular No. 926 / 16 / 2010 - CX

F.No. 201/20/2009-CX 6

Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise and Customs)

New Delhi dated the 28^th May 2010.

Sub.: Procedure for electronic filing of Central Excise returns - reg.

Attention is invited to Circular No. 919/09/2010 – CX dated 23.03.2010 prescribing detailed instructions and the procedure for electronic filing of Central Excise and Service Tax returns. Attention is also invited to the Central Excise (Second Amendment) Rules, 2010 and CENVAT Credit (Amendment) Rules, 2010 issued vide Notification No. 20/2010-Central Excise (NT) and No. 21/2010- Central Excise (NT) respectively both dated 18.05.2010 providing for mandatory electronic filing of certain returns by assessees including dealers.

2. The said notifications have been made effective from 1.6.2010. Following amendments have been made in the Central Excise Rules, 2002 and CENVAT Credit Rules, 2004:

i. Manufacturers who have paid Central Excise duty of Rs. 10 Lakh or more (including payment by utilisation of Cenvat credit) in the previous financial year shall file their Annual Financial Information Statement (ER4) as prescribed under the proviso to clause (a) of sub rule (2) of Rule 12 of the Central Excise Rules, 2002,electronically.

ii. EOU manufacturers who have paid Central Excise duty of Rs. 10 Lakh or more (including payment by utilisation of Cenvat credit) in the previous financial year shall file ER 2 returns as prescribed under the proviso to sub-rule (3) Rule 17 of the Central Excise Rules 2002, electronically.

iii. All registered dealers would now be required to file quarterly returns as prescribed under the proviso to sub-rule (8) of rule 9 of the CENVAT Credit Rules 2004, electronically irrespective of the amount of CENVAT credit taken by them or passed on by them in a year.

iv. Manufacturers who have paid Central Excise duty of Rs. 10 Lakh or more (including payment by utilisation of Cenvat credit) in the previous financial year shall file the Annual Declaration relating to principal inputs (ER5) under the second proviso to sub rule (1) of Rule 9A of the CENVAT Credit Rules, 2004; and

v. Manufacturers who have paid Central Excise duty of Rs. 10 Lakh or more (including payment by utilisation of Cenvat credit) in the previous financial year shall file the Monthly Return of information relating to principal inputs (ER6) under proviso to sub-rule (3) of rule 9A, electronically.

3. The instructions contained in Circular No. 919/09/2010 – CX dated 23.03.2010 on the procedure for electronic filing of excise returns and obtaining acknowledgement thereof shall mutadis mutandis apply for electronic filing of returns as envisaged under the said amended Rules. It is requested to sensitise concerned officers and the trade regarding the instructions.

4. As a large number of assessees including dealers would be required to file Excise returns electronically, it is requested that they may be provided all assistance so as to help them in adopting the new procedure.

5. Field formations and trade may also please be informed suitably.

6. Hindi version will follow.

(Deepankar Aron)

Director (CX 6)

Hope this will serve your purpose.

Thanking you,

S. Banerjee

Upgrade to CAclubindia Pro. Subscribe Now!

Vasu S (Officer Commercial) (75 Points)
Replied 29 November 2011

Yes,

Not 100 lacs,

exceeding 10 lacs( including cenvat credit) you need to submit ER-4 return.

RAJESH KUMAR GOSWAMI (B.Com) (21 Points)
Replied 18 January 2014

Dear Sir

In ER-4 return sheet SalesValue, what is difference between manufactured finished goods and traded goods, and how to calculate the mfg value? Any body can help me?

Thanks