Revised return

[Asked by Guest]

Can ER-1 return be revised? if so please quote the relevant circular or any else.............

[Ganeshan Kalyani]

Yes, refer Not. 08/2016 - Dated 1-3-2016

[YASHAVANTH RM]

Ms. Aitha Rajyalakshmi,

You can go to the aces.gov.in ( which you used the web for filing the return) in that you will be having the option in returns filing, if the window is open for current year and the option of revised return will open. You will be also having modify option sometimes.

Please check the window of Returns and filed the revised return, if it is still open for your F.Y.( normally the window will close by 6 months of the last date of filing of return ).

[KASTURI SETHI]

I concur with the views of Sh.Ganeshan Kalyani, Sir. Now it is inbuilt under Rule 12(8a) of CE Rules, 2002. Revised return is to be filed by the end of calendar month in which original return is filed.

[YAGAY and SUN]

Effective date for the operation of Rule 12(8) and Rule 17(7) of Central Excise Rules, 2002

•A new sub Rule 12(8) regarding filing of following revised returns was introduced in the Central Excise Rules, 2002 (“Excise Rules”) in the Budget 2016 vide Notification No. 8/2016-C.E.(N.T.) dated 01.03.2016:

•Revised Monthly Return of production and removal of goods (as specified in Rule 12(1)): As per the provision, the revised returns can be submitted by the end of the calendar month in which the original return is filed;

oRevised Annual Return (as specified in Rule 12(2)): As per the provision, the revised return can be submitted within a period of one month from the date of submission of the Annual Return.

•Further, another sub rule regarding filing of revised return of monthly return to be filed by an EOU for removals to DTA (as specified in Rule 17(3) of the Excise Rules) was inserted by way of Rule 17(7) in the Excise Rules. This sub Rule inter alia provides for submission of a revised return by the end of the calendar month in which the original return is filed.

Effective date for the operation of Rule 12(8) and Rule 17(7) of Central Excise Rules, 2002

•These provisions were to be made effective from a date to be notified by the Central Government.

•Now, Notification No. 42/2016-C.E.(N.T.) dated 11.08.2016 has notified 17.08.2016 as the effective date for the operation of the above provisions.

[KASTURI SETHI]

Rule 17(7) of CE Rules, 2002 is meant for 100% EOU.

AI Summary

Revised return filing permitted under Central Excise Rules; monthly returns by month end and annual returns within one month.
The Central Excise Rules were amended by Notification No. 8/2016 to permit filing of revised returns: revised monthly returns may be submitted by the end of the calendar month in which the original return is filed; revised annual returns may be submitted within one month of the annual return's submission; and a corresponding provision for EOU monthly returns to DTA was inserted. Notification No. 42/2016 notified 17.08.2016 as the effective date. Revised returns can be filed via the web filing portal when the returns window is open; Rule 17(7) applies to 100% EOUs.