NON FILING ER-1

[Vivekanand Chaturvedi]

Dear Sir,

Please suggest can i have filed ER-1 for the month of November after 10th of succeeding month . Please advise as earlier

[Rajagopalan Ranganathan]

Sir,

As per rule 12 (6) of Central Excise Rules, 2002 where any return or Annual Financial Information Statement or Annual Installed Capacity Statement referred to in this rule is submitted by the assessee after due date as specified for every return or statements, the assessee shall pay to the credit of the Central Government, an amount calculated at the rate of one hundred rupees per day subject to a maximum of twenty thousand rupees for the period of delay in submission of each such return or statement.

In view of the above rule, you can filed your E.R. 1 return for the month of November after 10th of the succeeding month provided you pay ₹ 100/- per day of delay.

[DR.MARIAPPAN GOVINDARAJAN]

Rule 12(6) has been inserted vide Notification No. 08/2015, dated 28.02.2015 which came into effect from 01.03.2015.

AI Summary

Late filing penalty for ER 1 returns: daily levy applies with a capped maximum and recent effective date.
Late filing of the ER 1 return triggers a statutory daily penalty for the period of delay, subject to a prescribed maximum cap, under the Central Excise Rules as introduced by Notification No. 08/2015 which took effect on 1 March 2015; filing after the tenth day of the succeeding month is permissible but the per day charge and ceiling must be paid.