NEW ANNUAL RETURN

[MINESH SHAH]

WOULD THERE BE ANY DUTY PAID SLAB I.E WHO IS REQUIRED TO FILE NEW ANNUAL RETURNS W.E.F. 01/04/2016 OR ALL THE ASSESSEES HAVE TO FILE THESE RETURNS.

[Rajagopalan Ranganathan]

Sir,

The annual return is to be filed on or before 30.11.2016 and not w.e.f. 1.4.2016. As per rule 12 (2) (a) of Central Excise Rules, 2002 as amended by Not. 08/2016 - Dated 1-3-2016, w.e.f. 1.4.2016 "every assessee shall submit to the Superintendent of Central Excise, an Annual Return for the preceding financial year to which the return relates in the form specified by notification by the Board by 30th day of November of the succeeding year."

As per rule 12 (2) (b) of Central Excise Rules, 2002 "the Central Government may, by notification, and subject to such conditions or limitations as may be specified in such notification, specify assessee or class of assessees who may not require to submit such an Annual Return."

Similarly as per rule 9 A of Cenvat Credit Rules, 2004 as amended by Not. 13/2016 - Dated 1-3-2016, w.e.f. 1st April, 2016, states that

"(1) A manufacturer of final products or provider of output services, shall submit to the Superintendent of Central Excise an annual return for each financial year, by the 30th day of November of the succeeding year, in the form as specified by a notification by the Board.

(2) The provisions of rule 12 of the Central Excise Rules, 2002, in so far as they relate to annual return shall, mutatis-mutandis, apply to the annual return required to be filed under this rule.

Regarding your query who are all the assessees not required to file the annual return you have to await the exemption Notification to be issued under rule 12 (2) (b) of Central Excise rules, 2002 by the Central Government.

 

[Ganeshan Kalyani]

Yes, we will have to wait till any Notification is issued by CBEC. In my view in absence of such notification all the assesse who were filing excise returns will have to file the proposed annual return also. Thanks.

[MINESH SHAH]

THANK YOU VERY MUCH SIR FOR YOUR VALUABLE GUIDANCE.

AI Summary

Annual return requirement: all assessees must file annual returns unless exempted by government notification under central excise rules. Every assessee must submit an annual return for the preceding financial year to the Superintendent of Central Excise in the form specified by Board notification, with rule 12(2)(b) permitting the Central Government to exempt classes of assessees by notification; rule 9A of the Cenvat Credit Rules applies the central excise annual return provisions mutatis mutandis to manufacturers and service providers.