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Excise return

24 July 2016

A SSI unit also Availing modvat from 0 but not crossed 400 lack Since 15 years Required to file E.R1 monthly or E.R 3 Quaterly ?

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4 Replies

Rucha A (Sr. Associate-Audit and Taxation) (174 Points)
Replied 24 July 2016

Merely not availing turnover based exemption does not change the nature and it will be ssi only if the total turnover does nt exceed 400lakh.
And will be eligible for quarterly filing of ER-3.
It needs to file monthly ER-1only if it ceases to be ssi entity.

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CA Ekta Sharma (CA) (46 Points)
Replied 24 July 2016

Thank You Mam..

CA Ekta Sharma (CA) (46 Points)
Replied 25 July 2016

will u pls help me to know when this ammendement came in Rule 12 of CER 2002 in which the word "Assessee Availing SSI exemption" Turns to " Assessee Eligible to Avail"

Rucha A (Sr. Associate-Audit and Taxation) (174 Points)
Replied 26 July 2016

Need to check in this regard. But as far as I read, Notification no. 32/2011-CE(N.T.) has made the changes.

Further, from your question i think this shall serve the purpose-reference of exemption quoted in "Assessee Availing exemption" shall be read as exemption for SSI units and not only pertaining to turnover eligible for cenvat. Hence, Assessee availing SSI exemption and asseessee eligible to avail exemption under a notification shall be read in the same manner, whether or not availing cenvat credit, but falling below the turnover criteria specified therein.