non filling of E.R.5 FOR F.Y. 2015-16

[Guest]

dear experts,

what will be penalty for late filling of E.R. 5 FOR f.y. 2015-16.?

pls. guide .....

regards,

Manan Pandya

ahmedabad.

[PAWAN KUMAR]

Dear Sir,

Penalty will be ₹ 5000/- Under rule 15A of CENVAT Credit Rules, 2004.

[Guest]

thank you sir,

for your prompt reply , but sir i just have a doubt about it , it is fix to pay ₹ 5000/- , according to rule 15a ccr 2004 , it is extended upto 5000/- so pls clear my doubt..

regards,

Manan Pandya.

[PAWAN KUMAR]

Dear Sir,

The penalty can be extended up to 5000/- it is not fixed. The authrity can impose but subject to a maximum of ₹ 5000/-.

[Guest]

thank you sir,

now i understand but sir if i file E.R.5 today then at the time of filling E.R.1 for the month of june-15..

Should i pay ₹ 5000/- by P.L.A. or should i ask to range officer.

regards,

Manan Pandya

[PAWAN KUMAR]

Dear Manan Ji,

You have to pay the penalty of ₹ 5000/- through cash and record the same in PLA Register.

[Guest]

dear sir,

i am very thankful to you for helping me..

regards,

Manan Pandya

[Mahir S]

Yes .

Also refer to Departmental instruction issued vide F.No.267/117/2010-CX8 dated 14.11.2011 - regardingEnforcement of penal provisions for non-submission of returns, for more clarity on the issue.

AI Summary

Penalty for non-filing of ER-5 can be imposed up to the statutory cap and must be paid in cash and recorded. Under Rule 15A of the CENVAT Credit Rules, 2004 the authority may impose a penalty for non submission of ER 5, discretionary up to the statutory maximum. Where levied, the penalty is to be paid in cash and recorded in the PLA register; departmental enforcement instructions clarify procedural application.