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Central Excise - Non filing of NIL Excise return

Vivek Mohta

Dear Sir/Madam,

I would want to know whether the penalty can be waived of in case a NIL excise return has not been submitted, as there is no revenue loss in this case.

In case of Service Tax there are case laws supporting the same that NO ST Returns require to be filed in case of NIL Liability.

Is there any similar case law for excise as well?! If yes..please let me know.

Regards.

No Statutory Provision to Waive Penalties for Non-Filing NIL Excise Returns; Possible Officer Discretion for Reduction. A user inquired about the possibility of waiving penalties for not filing a NIL excise return, noting that similar provisions exist for service tax. Respondents clarified that in Central Excise, there is no statutory provision to waive penalties for non-filing of NIL returns. One response mentioned that historically, non-filing of NIL returns in excise or service tax did not attract penalties, referencing a specific case that might support this view. Another response highlighted that under certain conditions, a Central Excise officer might reduce or waive penalties if satisfied with the reasons for non-filing. (AI Summary)
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