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waiver of penalty for non filing of NIL return of ER3

BEENA MANADATH

One of my clients is a manufacturer of curry powder. He has Central Excise Registration eventhough he got SSI Regn. He failed to file ER3 Return for 2 quarters. Department issued notice for paying penilty of ₹ 20000/- for each quarter. Is waiver of that penalty available for my client...?

Please clarify..

Regards,

CA.Beena

Curry powder manufacturer penalized for late ER3 returns under Rule 12(6); penalty waiver unlikely despite SSI status. A client, a manufacturer of curry powder with Central Excise Registration, failed to file ER3 returns for two quarters, resulting in a penalty notice of 20,000 per quarter. The discussion highlights that under Rule 12(6) of the Central Excise Rules, 2002, a penalty of 100 per day is applicable for late filing, capped at 20,000. Previously, penalties could be waived on genuine grounds, but recent changes make waivers unlikely. Some suggest appealing for leniency due to the client's SSI status, but the consensus is that the current legal framework offers little room for penalty waivers. (AI Summary)
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