TMI Bloger-3 or er-1X X X X Extracts X X X X X X X X Extracts X X X X ..... We are manufacturing capital goods with annual turnover of 1.3 crores. Due to customer requirements we are NOT utilizing the SSI exemption of 1.5 cr. What form we have to file? ER-3 or ER-1 - Reply By R MUTHURAJ - The Reply = Dear Mr.Ganesh, Since you are not opting for SSI, you have to file the ER-1 returns meant for Non-SSI categories. Regards, R.Muthuraj Mob: 099944 54 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 039 - Reply By ganesh kalagara - The Reply = Dear Mr. Muthuraj. Point Noted. Thank you very much for the reply. - Reply By Pradeep Khatri - The Reply = The ER-1 is required to be furnished through www.aces.gov.in - Reply By raj kumar shukla - The Reply = In my view, ER3 is required to be filed in case assessee is eligible for ssi exemption. since you are eligible for ssi beca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use of your turnover, although you have not availed it , you may file ER3. - Reply By PAWAN KUMAR - The Reply = As per your statement you are eligible for exemption under SSI Scheme but not availed due to customer requirement. You have selected the option for paying duty at normal rate. In my view, you have to file ER-1 return as you have paid duty as per normal rate and not availed the exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption under SSI. - Reply By raj kumar shukla - The Reply = please quote authority for your answers . - Reply By SHIVKUMAR SHARMA - The Reply = Dear Ganesh You can file ER-3 Return as per Rule 12 of Central Excise Rule, 2002 .For this you may please refer Explanation-1 given on page No.2.16 of R.K JAIN'S Central excise law manual 52nd Edition.As Mr Rajkumar shukla is rightly said that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is not the matter whether you are availing SSI exemption or not because your Annual turnover is not more than 400 Lacs. In this case you can make payment of excise duty on quarterly basis also avail 100% cenvat credit on capital goods in the financial year in which you have received the same. SHIVKUMAR SHARMA - Reply By Chintamani Bhide - The Reply = Mr. Ganesh, What Mr. Shukla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sharma commented/stated is absolutely correct. If I remember correctly, DO letter issued in 2011 budget also clarified that irrespective whether the unit is paying duty or not, as long as it is 'eligible' (i.e. turnover below 400 lakhs) it can pay duty quarterly and file return quarterly. The word 'eligible' is defined in the Explanation to Rule 12 as Mr. Sharma rightly mentioned. there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore you can file ER 3 and pay duty quarterly. A similar confusion is prevailing among the departmental officers, not just on this issue, but also in respect of filing of ER4/5/6 by the Assessees who have crossed duty payment of 10 Lakhs. - Reply By ganesh kalagara - The Reply = Dear All, Thank you for the information provided. Even though i believe that i am eligible to file ER3, Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce the Excise authorities insisting, i have filed ER1 for the month of July (To avoid problems) Thanks to all Ganesh K. - er-3 or er-1 - Query Started By: - ganesh kalagara Dated:- 7-8-2013 Central Excise - Got 9 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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