Penalty or late fee for delay filing Central excise return

[Sudhir Kumar]

Is any late fee or penalty exit now for delay filing of central excise return?

If any circular or notification is available please assist.

[Shilpi Jain]

Is the excise return being filed now?

[Shilpi Jain]

Return being filed is for which period and what is the quantum of delay i.e. number of days.

[KASTURI SETHI]

Read saving Section 174 ---Repeal and Saving for this purpose. Answer to your query is inherent therein. Elaborate your query with full facts and circumstances for fool proof and clear-cut reply.

[KASTURI SETHI]

Rule 12 (6) of Central Excise Rules, 2002

"[(6) Where any return [ *  *  *  * ] referred to in this rule is submitted by the assessee after due date as specified for every return or statements, the assessee shall pay to the credit of the Central Government, an amount calculated at the rate of one hundred rupees per day subject to a maximum of twenty thousand rupees for the period of delay in submission of each such return or statement.]"

Read with  saving Section 174 of CGST Act.

AI Summary

Late fee for delayed excise returns applies daily subject to a statutory maximum and relevant repeal-saving provision. Where a central excise return is submitted after the due date the assessee must pay a daily late fee for the period of delay, subject to an overall statutory maximum for each return; this provision is to be read with the repeal-and-saving clause in the successor indirect tax statute which governs continuity and modification of pre-existing liabilities.