Return without depositing Excise duty

[Guest]

Dear Sir,

Can i file Excise return with out depositing Excise duty with the deptt.??

Thanks in advance.

[venkat eswaran]

Not possible

[Ganeshan Kalyani]

Sir, in my view you can, but interest and penalty is your guest then. Thanks.

[KASTURI SETHI]

Sh.Ganeshan Kalyani Ji,

I do agree with you. Return will be uploaded with red remarks regarding not-paid or short-paid whatever the case may be. Guest will have to be welcomed without any grouse.

[Ganeshan Kalyani]

Sri Kasturi Sir delaying payment of duty by choice, will it amount to willful attempt and provision of penalty would apply. Your view is requested please. Thanks.

[KASTURI SETHI]

Yes. Sir Your observation is absolutely correct.

[Ganeshan Kalyani]

Sir, when the red mark is awarded then Department eye on the assesse first for any enquiry , audit etc. Sri Kasturi Sir, do you agree sir ?

[KASTURI SETHI]

Sh.Ganeshan Kalyani Ji,

Yes. Sir I agree with you. Red signal is always dangerous. You cannot cross red light without penalty.

[Kumar Gaurav]

You can file your excise return without depositing the duty thereon AND deposit the duty along with interest and inform the excise authority in writing . In such a situation , penalty would not be attracted......

[Ganeshan Kalyani]

Sri Kumar Gustav Ji, there is a provison for knowing not paying the tax. I believe unless there is any strong reason like financial crises the department will not accept the delay. Looking for your feedback. Thanks.

AI Summary

Filing excise return without depositing duty may invite interest, penalty and departmental scrutiny unless duty with interest is promptly paid. Submitting an Excise return without depositing duty constitutes non-compliance that typically attracts interest and penalty and triggers a departmental red remark leading to heightened scrutiny, enquiries or audit. Immediate deposit of duty with accrued interest together with written intimation to the authority is presented as a practical means to mitigate penalty risk; deliberate or unexplained delay increases the likelihood that the department will treat the omission as willful and pursue penalties.