Monday, March 10, 2014

DUE DATES FOR FILING OF EXCISE AND SERVICE TAX RETURNS & PENALTY AS UNDER

TYPE OF RETURN
PERIODICITY
DUE DATE FOR FILING
WHO CAN FILE
ER-1
Monthly
10th
Manufacturers of Central Excise, other than those who file ER-2 or ER-3 returns

ER-2
Monthly
10th
Manufacturers who are 100% EOUs(Export Oriented Units) and are removing goods into the domestic tariff area

ER-3
Quarterly
20th of completed quarter
Manufacturers availing exemption on the basis of value of their annual clearance, manufacturer of processed yarn, unprocessed fabrics falling under chapters 50 through 55,58 or 60 of the Central Excise Tariff or manufacturers of readymade garments.

ER-4
Yearly
30th November
Annual Financial information statement to be submitted by manufacturers who paid excise duty >Rs. 1crore in the preceding financial year.

ER-5
Yearly
30th April
Annual return of information relating to principal inputs used in the manufacture of finished goods. Filed by manufacturers who paid excise duty >Rs. 1crore in the preceding financial year
ER-6
Monthly
10th
Monthly return of information relating to principal inputs on which cenvat credit was availed. Filed by manufacturers who paid excise duty exceeding Rs. One crore in the preceding financial year.

Dealer
Quarterly
15th of month succeeding completed quarter
Filed by registered first stage and second stage dealers giving details of the invoices issued by them and documents based on which credit passed on.
ST-3
Half Yearly
25th April/25th October
Filed by Service Tax assessee

                                                                                                                                                     
                                         
PENALTY/LATE FEE


REDUCTION/WAIVER OF PENALTY

Where the gross amount of service tax payable is nil, the Central Excise officer may, on being satisfied that there is sufficient reason for not filing the return, reduce or waive the penalty.



SURRENDER THE SERVICE TAX REGISTRATION 

As per Notification No. 05/2006-ST, in case any assessee has discontinued his/her business and has to surrender the service tax registration and upon submitting the application for cancellation of registration the Superintendent of Central Excise shall ensure that the assessee has paid all monies due to the Central Government. As per the procedure, the assessee has to file the return for at least two immediately preceding half years. Normally, in such a case, the assessee, due to discontinuation of his/her business, stops filing the returns. Now, as a result of the amended provisions relating to penalty for non-submission/ delayed submission of returns, the assessee in such cases could end up in paying the penalty portion which will be manifold the service tax liability.

Contributed by Miss Pooja Aggarwal