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Is it compulsory

Amit Prakash Singh (Accountant) (295 Points)

18 February 2011

Dear all Expert

Is it compulsory to submit excise retirn ER -1 manualy to excise range after submitting it online through ACES ?

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4 Replies

Sanjay Dwivedi (Advocate & Consultant) (143 Points)
Replied 18 February 2011

No. In fact, it is not required. However, these are initial days for online business with the department. Some range offices do not have proper infrastructure to access the returns filed online. Therefore, if the department requests for a hard copy we should co-operate.

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U S Sharma (glidor@gmail.com) (21063 Points)
Replied 18 February 2011

ACES is under priliminary stage, it does not have provision for online filing of PLA ( duty Current account)/ RG23A= Part-2 ( duty credit account), and the dealer have to submit the same to department on monthly basis, so if we submit print hard copy of ER1 then they can match the figures and file the departmental returns of head office, otherwise they will keep it pending only.

in ACES we can file ARE1/3 only, so still more than 50% updation is needed in ACES,

Sanjay Dwivedi (Advocate & Consultant) (143 Points)
Replied 18 February 2011

Does the law require a manufacturer to submit copies of PLA, Cenvat Credit a/c etc?

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 18 February 2011

Cenvat Credit rules

9. Documents & Accounts

(4) The CENVAT credit in respect of input or capital goods purchased from a first stage dealer or second stage dealer shall be allowed only if such first stage dealer or second stage dealer, as the case may be, has maintained records indicating the fact that the input or capital goods was supplied from the stock on which duty was paid by the producer of such input or capital goods and only an amount of such duty on pro rata basis has been indicated in the invoice issued by him.

(5) The manufacturer of final products or the provider of output service shall maintain proper records for the receipt, disposal, consumption and inventory of the input and capital goods in which the relevant information regarding the value, duty paid, CENVAT credit taken and utilized, the person from whom the input or capital goods have been procured is recorded and the burden of proof regarding the admissibility of the CENVAT credit shall lie upon the manufacturer or provider of output service taking such credit.

(6) The manufacturer of final products or the provider of output service shall maintain proper records for the receipt and consumption of the input services in which the relevant information regarding the value, tax paid, CENVAT credit taken and utilized, the person from whom the input service has been procured is recorded and the burden of proof regarding the admissibility of the CENVAT credit shall lie upon the manufacturer or provider of output service taking such credit.

(7) The manufacturer of final products shall submit within ten days from the close of each month to the Superintendent of Central Excise, a monthly return in the form specified, by notification, by the Board:

Provided that where a manufacturer is availing exemption under a notification based on the value or quantity of clearances in a financial year, he shall file a quarterly return in the form specified, by notification, by the Board within twenty days after the close of the quarter to which the return relates.

(8) A first stage dealer or a second stage dealer, as the case may be, shall submit within fifteen days from the close of each quarter of a year to the Superintendent of Central Excise, a return in the form specified, by notification, by the Board.

(9) The provider of output service availing CENVAT credit, shall submit a half yearly return in form specified, by notification, by the Board to the Superintendent of Central Excise, by the end of the month following the particular quarter or half year.

(10) The input service distributor, shall furnish a half yearly return in such form as may be specified, by notification, by the Board, giving the details of credit received and distributed during the said half year to the jurisdictional Superintendent of Central Excise, not later than the last day of the month following the half year period.

(Sub-rule (10) has been substituted vide Notification No. 28/2005-CE(N.T.), dated 07/06/2005)