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Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

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The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

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Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

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ER-4 - ER-5 & ER-6

SNEHAL SHAH

Respected sir,

Is it any Exemption / or Exemption Notification for ER-4 , ER-5 and ER-6 Not require to file to Department .

If yes , Please give us Condition or Notification .

Thanks and Regards,

SNEHAL SHAH

Filing threshold for excise returns: ER 4/ER 5/ER 6 required when annual duty exceeds the statutory threshold; exemptions queried. Assessees paying aggregate excise duty through PLA and Cenvat above the annual threshold of Rs. 1 Crore must file ER 4 annually by 30 November (Rule 12(2)), ER 5 annually by 30 April (Rules 9A(1)-9A(2)), and ER 6 monthly by the 10th (Rule 9A(3)); those below the threshold need not file. A query was raised whether Notification No.39/2004 exempts filing for goods under Chapter 94 despite duty paid exceeding the threshold, which remained unresolved in the replies. (AI Summary)
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Rajagopalan Ranganathan on Feb 27, 2015

Sir,

As per rule 12 (2) of Central Excise rules, 2002 (herein after referred to as 'Excise Rules') every assessee paying duty of ₹ 1 Crore or more per annum through PLA or Cenvat Credit Account or both together has to file E.R. 4 return annually by 30th November of succeeding year. That is, E.R. 4 return for 2014-15 has to be filed on or before 30.11.2015.

As per rule 9A(1) and 9A(2) of Cenvat Credit rules, 2004 E.R. 5 return has to be filed annually on or before 30th April for the current year by every assessee paying duty of ₹ 1 Crore or more per annum either through PLA or Cenvat Credit Account or both together.

As per rule 9A(3) of Cenvat Credit rules, 2004 those assesses who are filing E.R. 5 return has to file E.R. 6 return every month on or before 10th of the following month.

PAWAN KUMAR on Feb 28, 2015

Dear Sir,

The reply given by Sh.Ranganathan sir is correct. The assessee who paid duty of more than One Crore (PLA+Cenvat) during the previous financial year is elegible for e-file the return ER4, ER5 and ER6. If you have paid duty below one crore, no need to file the subject returns.

SNEHAL SHAH on Mar 3, 2015

Thanks all of you for Reply .

But Sir My Question is that , Can we availed Exemption for File ER-4 , ER-5 and ER-6 Return Under Notification No.39/2004 - Central Excise ( NT) . We have already paid Excise duty above one crore but Our Product Chapter NO.94 and this Chapter No. Include in Notification No.39/2004.

Please suggest me sir .

Thanks and Regards,

SNEHAL SHAH

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