Procedures in Central Excise and Returns to be filed

Administration of Central Excise
Administration of Central Excise is under CBE&C (Central Board of Excise and Customs). The hierarchy is – Chief Commissioner, Commissioner, Additional Commissioner, Joint Commissioner, Deputy Commissioner, Assistant Commissioner, Superintendent and Inspector.
Registration
Every person who produces or manufactures excisable goods, is required to get registered, unless exempted. [Rule 9 of Central Excise Rules]. If there is any change in information supplied in Form A-1, the same should be supplied in Form A-1.
Daily Stock Account
Manufacturer is required to maintain Daily Stock Account (DSA) of goods manufactured, cleared and in stock. [Rule 10 of Central Excise Rules]
Clearance of goods under Invoice
Goods must be cleared under Invoice of assessee. In case of cigarettes, invoice should be countersigned by Excise officer. [Rule 11 of Central Excise Rules]
Payment of excise duty
Duty is payable on monthly basis through GAR-7 challan / Cenvat credit by 5th/6th of following month, except in March.  SSI units have to pay duty on quarterly  basis by 5th/6th of month following the quarter. Assessee paying duty through PLA more than Rs 10 lakhs per annum is required to make e-payment only [Rule 8].
Returns of production, clearances and payment of excise duty
Monthly return in form ER-1 should be filed by 10th of following month. SSI units have to file quarterly return in form ER-3. [Rule 12 of Central Excise Rules] – - EOU/STP units to file monthly return in form ER-2 – see rule 17(3) of CE Rules. Assesses paying 1%/2% excise duty are required to file ER-8 quarterly return.E-return is mandatory to all assesses.
Annual Financial Information
Assesses paying duty of Rs one corer or more per annum through PLA are required to submit Annual Financial Information Statement for each financial year by 30th November of succeeding year in prescribed form ER-4 [rule 12(2) of Central Excise Rules].
Information about Principal Inputs
Specified assesses are required to submit Information relating to Principal Inputs every year before 30th April in form ER-5, to Superintendent of Central Excise. [Rule 9A (1) to Cenvat Credit Rules]. Any alteration in principal inputs is also required to be submitted to Superintendent of Central Excise in form ER-5 within 15 days [rule 9A (2) to Cenvat Credit Rules]. Only assesses manufacturing goods under specified tariff heading are required to submit the return. The specified tariff headings are – 22, 28 to 30, 32, 34, 38 to 40, 48, 72 to 74, 76, 84, 85, 87, 90 and 94; 54.02, 54.03, 55.01, 55.02, 55.03, 55.04. Even in case of assesses manufacturing those products, only assesses paying duty of Rs one corer or more (either through current account or Cenvat credit) are required to submit the return.
Monthly return of receipt and consumption of each of Principal Inputs
Assesses who is required to submit ER-5 is also required to submit monthly return of receipt and consumption of each of Principal Inputs in form ER-6 to Superintendent of Central Excise by tenth of following month [rule 9A(3) to Cenvat Credit Rules]. Only those assesses who are required to submit ER-5 return are required to submit ER-6 return.
See chart below for various returns to be filed.
Annual Installed Capacity statement
Submit Annual Installed Capacity Statement in form ER-7 every year before 30th April.
Submission of List of records
Every assesses is required to submit a list in duplicate of records maintained in respect of transactions of receipt, purchase, sales or delivery of goods including inputs and capital goods, input services and financial records and statements including trial balance [Rule 22(2)].
Changes in details of assessee
Inform change in boundary of premises, address, name of authorized person, change in name of partners, directors or Managing Director in form A-1. [Refer Instructions given below form A-1]
Non-core procedures (to be followed when required)
·         Export without payment of duty or under claim of rebate [Rules 18 and 19 of Central Excise Rules]
·         Receipt of goods for repairs / reconditioning [Rule 16 of Central Excise Rules]
·         Receipt of Goods at concessional rate of duty for manufacture of Excisable Goods.
·         Provisional Assessment [Rule 7 of Central Excise Rules]
·         Warehousing of goods.
·         Adjudication, Appeals and settlement.
See chart after following chart for summary of non-core procedures

Periodic returns under Central Excise
Assesses is required to file periodic returns.
Following are the returns to be filed
Form of Return
Description
Who is required to file
Time limit for filing return
ER-1[Rule 12(1) of Central Excise Rules]
Monthly Return by large units
Manufacturers not eligible for SSI concession
10th of following month
ER-2[Rule 12(1) of Central Excise Rules]
Return by EOU
EOU units
10th of following month
ER-3[Proviso to Rule 12(1) of Central Excise Rules]
Quarterly Return by SSI
Assesses eligible for SSI concession (even if he does not avail the concession)
10th of next month of the quarter
ER-4[rule 12(2) of Central Excise Rules]
Annual Financial Information Statement
Assesses paying duty of Rs one corer or more per annum either through PLA or Cenvat or both together (Till29-9-2008, the provision was applicable only when payment through PLA alone was more than Rs one corer).
Annually by 30th November of succeeding year
ER-5[Rules 9A(1) and 9A(2) of Cenvat Credit Rules]
Information relating to Principal Inputs
Assesses paying duty of Rs one crore or more per annum (either through PLA or Cenvat or both together) and manufacturing goods under specified tariff headings (Till29-9-2008, the provision was applicable only when payment through PLA alone was more than Rs one crore).
Annually, by 30th April for the current year (e.g. return for 2005-06 is to be filed by30-4-2005].
ER-6 [Rule 9A(3) of Cenvat Credit Rules]
Monthly return of receipt and consumption of each of Principal Inputs
Assessees required to submit ER-5 return
10th of following month
ER-7 [Rule 12(2A) of Central Excise Rules]
Annual Installed Capacity Statement
All assessees, except manufacturers of biris and matches without aid of power and  , reinforced cement concrete pipes
Annually, by 30th April for the previous year (e.g. return for 2010-11 should be submitted by30-4-2011
ER-8 [Sixth proviso to Rule 12(1) of CE Rules]
Quarterly return
Assessees paying 1%/2% excise duty and not manufacturing any other goods
Quarterly within 10 days after close of quarter
Form as per Notification No. 73/2003-CE(NT) [Rule 9(8) of Cenvat Credit Rules]
Quarterly return of Cenvatable Invoices issued
Registered dealers
By 15th of following month
ST-3 [Rule 9(9) of Cenvat Credit Rules and rule 7(2) of Service Tax Rules]
Half yearly return of taxable services provided
Person liable to pay service tax
Within 25 days from close of half year
ST-3 [Rule 9(10) of Cenvat Credit Rules]
Half yearly return of Cenvat credit distributed
Input Service Distributor
Within one month from close of half year


Other Procedures in Central Excise

Export Procedures
·         Exports are free from taxes and duties.
·         Goods can be exported without payment of excise duty under bond under rule 19 or under claim of rebate of duty under rule 18.
·         Container containing export goods should be sealed by excise officer. Self-sealing is permissible.
·         Excisable Goods should be exported under cover of Invoice and ARE-1 form. Export should be within 6 months from date of clearance from factory.
·         Merchant exporter has to execute a bond and issue CT-1 so that goods can be cleared without payment of duty. Manufacturer has to issue Letter of Undertaking.
·         Exports to Nepal/Bhutan are required to be made on payment of excise duty, except when supply is against international bidding.
·         Rebate under rule 18 can be either of duty paid on final products or duty aid on inputs but not both.
·         EOU has to issue CT-3 certificate for obtaining inputs without payment of excise duty.
Bringing good for repairs
·         Final products cleared on payment of duty can be brought back for repairs etc., by following prescribed procedures.
·         Duty paid goods can be brought in factory for being re-made, refined, and reconditioned or for any other reason under rule 16.
·         The goods need not have been manufactured by assesses himself.
·         Cenvat credit of duty paid on such goods can be taken, on basis of duty paying documents of such goods.
·         After processing/repairs, if the process amounts to ‘manufacture’, excise duty based on assessable value is payable.
·         If process does not amount to manufacture, an ‘amount’ equal to Cenvat credit availed should be paid [rule 16(2)].
·         If some self manufactured components are used, duty will have to be paid on such components.
·         Buyer/recipient of such goods can avail Cenvat credit of such amount/duty.
·         If the above procedure cannot be followed, permission of Commissioner is required [rule 16(3)].
Bonds
·         Assesses is required to execute bond for various purposes like obtaining goods without payment of duty, clearance of seized goods etc. B-1 bond is for exporting without payment of duty, B-17 bond is for EOU.
Bringing goods are concessional rate of duty
·         Goods can be obtained at concessional rate of duty concessional rate of duty under Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, if prescribed conditions are satisfied and procedure is followed.


This Article is written by CMA Samir Biswal. He can be reached at cmasamirbiswal@gmail.com
- See more at: http://www.studycafe.in/2013/07/procedures-in-central-excise-and.html#sthash.rxkgy8YI.dpuf

Procedures in Central Excise and Returns to be filed


Administration of Central Excise
Administration of Central Excise is under CBE&C (Central Board of Excise and Customs). The hierarchy is – Chief Commissioner, Commissioner, Additional Commissioner, Joint Commissioner, Deputy Commissioner, Assistant Commissioner, Superintendent and Inspector.
Registration
Every person who produces or manufactures excisable goods, is required to get registered, unless exempted. [Rule 9 of Central Excise Rules]. If there is any change in information supplied in Form A-1, the same should be supplied in Form A-1.
Daily Stock Account
Manufacturer is required to maintain Daily Stock Account (DSA) of goods manufactured, cleared and in stock. [Rule 10 of Central Excise Rules]
Clearance of goods under Invoice
Goods must be cleared under Invoice of assessee. In case of cigarettes, invoice should be countersigned by Excise officer. [Rule 11 of Central Excise Rules]
Payment of excise duty
Duty is payable on monthly basis through GAR-7 challan / Cenvat credit by 5th/6th of following month, except in March.  SSI units have to pay duty on quarterly  basis by 5th/6th of month following the quarter. Assessee paying duty through PLA more than Rs 10 lakhs per annum is required to make e-payment only [Rule 8].
Returns of production, clearances and payment of excise duty
Monthly return in form ER-1 should be filed by 10th of following month. SSI units have to file quarterly return in form ER-3. [Rule 12 of Central Excise Rules] – - EOU/STP units to file monthly return in form ER-2 – see rule 17(3) of CE Rules . Assessees paying 1%/2% excise duty are required to file ER-8 quarterly return.E-return is mandatory to all assessees.
Annual Financial Information
Assessees paying duty of Rs one crore or more per annum through PLA are required to submit Annual Financial Information Statement for each financial year by 30th November of succeeding year in prescribed form ER-4 [rule 12(2) of Central Excise Rules].
Information about Principal Inputs
Specified assessees are required to submit Information relating to Principal Inputs every year before 30th April in form ER-5, to Superintendent of Central Excise. [rule 9A(1) to Cenvat Credit Rules]. Any alteration in principal inputs is also required to be submitted to Superintendent of Central Excise in form ER-5 within 15 days [rule 9A(2) to Cenvat Credit Rules]. Only assessees manufacturing goods under specified tariff heading are required to submit the return. The specified tariff headings are – 22, 28 to 30, 32, 34, 38 to 40, 48, 72 to 74, 76, 84, 85, 87, 90 and 94; 54.02, 54.03, 55.01, 55.02, 55.03, 55.04. Even in case of assessees manufacturing those products, only assessees paying duty of Rs one crore or more (either through current account or Cenvat credit) are required to submit the return.
Monthly return of receipt and consumption of each of Principal Inputs
Assessee who is required to submit ER-5 is also required to submit monthly return of receipt and consumption of each of Principal Inputs in form ER-6 to Superintendent of Central Excise by tenth of following month [rule 9A(3) to Cenvat Credit Rules]. Only those assessees who are required to submit ER-5 return are required to submit ER-6 return.
See chart below for various returns to be filed.
Annual Installed Capacity statement
Submit Annual Installed Capacity Statement in form ER-7 every year before 30th April.
Submission of List of records
Every assessee is required to submit a list in duplicate of records maintained in respect of transactions of receipt, purchase, sales or delivery of goods including inputs and capital goods, input services and financial records and statements including trial balance [Rule 22(2)].
Changes in details of assessee
Inform change in boundary of premises, address, name of authorised person, change in name of partners, directors or Managing Director in form A-1. [Refer Instructions given below form A-1]
Non-core procedures (to be followed when required)
  • Export without payment of duty or under claim of rebate [Rules 18 and 19 of Central Excise Rules]
  • Receipt of goods for repairs / reconditioning [Rule 16 of Central Excise Rules]
  • Receipt of Goods at concessional rate of duty for manufacture of Excisable Goods.
  • Provisional Assessment [Rule 7 of Central Excise Rules]
  • Warehousing of goods.
  • Adjudication, Appeals and settlement.
See chart after following chart for summary of non-core procedures

Periodic returns under Central Excise
Assessee is required to file periodic returns.
Following are the returns to be filed
Form of Return
Description
Who is required to file
Time limit for filing return
ER-1[Rule 12(1) of Central Excise Rules]
Monthly Return by large units
Manufacturers not eligible for SSI concession
10th of following month
ER-2[Rule 12(1) of Central Excise Rules]
Return by EOU
EOU units
10th of following month
ER-3[Proviso to Rule 12(1) of Central Excise Rules]
Quarterly Return by SSI
Assessees eligible for SSI concession (even if he does not avail the concession)
10th of next month of the quarter
ER-4[rule 12(2) of Central Excise Rules]
Annual Financial Information Statement
Assessees paying duty of Rs one crore or more per annum  either through PLA or Cenvat or both together (Till29-9-2008, the provision was applicable only when payment through PLA alone was more than Rs one crore).
Annually by 30th November of succeeding year
ER-5[Rules 9A(1) and 9A(2) of Cenvat Credit Rules]
Information relating to Principal Inputs
Assessees paying duty of Rs one crore or more per annum (either through PLA or Cenvat or both together) and manufacturing goods under specified tariff headings (Till29-9-2008, the provision was applicable only when payment through PLA alone was more than Rs one crore).
Annually, by 30th April for the current year (e.g. return for 2005-06 is to be filed by30-4-2005].
ER-6 [Rule 9A(3) of Cenvat Credit Rules]
Monthly return of receipt and consumption of each of Principal Inputs
Assessees required to submit ER-5 return
10th of following month
ER-7 [Rule 12(2A) of Central Excise Rules]
Annual Installed Capacity Statement
All assessees, except manufacturers of biris and matches without aid of power and  , reinforced cement concrete pipes
Annually, by 30th April for the previous year (e.g. return for 2010-11 should be submitted by30-4-2011
ER-8 [Sixth proviso to Rule 12(1) of CE Rules]
Quarterly return
Assessees paying 1%/2% excise duty and not manufacturing any other goods
Quarterly within 10 days after close of quarter
Form as per Notification No. 73/2003-CE(NT) [Rule 9(8) of Cenvat Credit Rules]
Quarterly return of Cenvatable Invoices issued
Registered dealers
By 15th of following month
ST-3 [Rule 9(9) of Cenvat Credit Rules and rule 7(2) of Service Tax Rules]
Half yearly return of taxable services provided
Person liable to pay service tax
Within 25 days from close of half year
ST-3 [Rule 9(10) of Cenvat Credit Rules]
Half yearly return of Cenvat credit distributed
Input Service Distributor
Within one month from close of half year


Other Procedures in Central Excise

Export Procedures
  • Exports are free from taxes and duties.
  • Goods can be exported without payment of excise duty under bond under rule 19 or under claim of rebate of duty under rule 18.
  • Container containing export goods should be sealed by excise officer. Self-sealing is permissible.
  • Excisable Goods should be exported under cover of Invoice and ARE-1 form. Export should be within 6 months from date of clearance from factory.
  • Merchant exporter has to execute a bond and issue CT-1 so that goods can be cleared without payment of duty. Manufacturer has to issue Letter of Undertaking.
  • Export to Nepal/Bhutan are required to be made on payment of excise duty, except when supply is against international bidding.
  • Rebate under rule 18 can be either of duty paid on final products or duty aid on inputs but not both.
  • EOU has to issue CT-3 certificate for obtaining inputs without payment of excise duty.
Bringing good for repairs
  • Final products cleared on payment of duty can be brought back for repairs etc., by following prescribed procedures.
  • Duty paid goods can be brought in factory for being re-made, refined, reconditioned or for any other reason under rule 16.
  • The goods need not have been manufactured by assessee himself.
  • Cenvat credit of duty paid on such goods can be taken, on basis of duty paying documents of such goods.
  • After processing/repairs, if the process amounts to ‘manufacture’, excise duty based on assessable value is payable.
  • If process does not amount to manufacture, an ‘amount’ equal to Cenvat credit availed should be paid [rule 16(2)].
  • If some self manufactured components are used, duty will have to be paid on such components.
  • Buyer/recipient of such goods can avail Cenvat credit of such amount/duty.
  • If the above procedure cannot be followed, permission of Commissioner is required [rule 16(3)].
Bonds
  • Assessee is required to execute bond for various purposes like obtaining goods without payment of duty, clearance of seized goods etc. B-1 bond is for exporting without payment of duty, B-17 bond is for EOU.
Bringing goods are concessional rate of duty
  • Goods can be obtained at concessional rate of duty concessional rate of duty under Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, if prescribed conditions are satisfied and procedure is followed.


Taxation of Small Scale Industries
Previous Page
spacer
A small scale industry (SSI) is an industrial undertaking in which the investment in fixed assets in plant & machinery, whether held on ownership term or on lease or hire purchase, does not exceed Rs. 1Crore. However, this investment limit is varied by the Government from time to time.
Entrepreneurs in small scale sector are normally not required to obtain a licence either from the Central Government or the State Government for setting up units in any part of the country. Registration of a small scale unit is also not compulsory. But, its registration with the State Directorate or Commissioner of Industries or DIC's makes the unit eligible for availing different types of Government assistance like financial assistance from the Department of Industries, medium and long term loans from State Financial Corporations and other commercial banks, machinery on hire-purchase basis from the National Small Industries Corporation, etc. Registration is also an essential requirement for getting benefits of special schemes for promotion of SSI viz. Credit guarantee Scheme, Capital subsidy, Reduced custom duty on selected items, ISO-9000 Certification reimbursement & several other benefits provided by the State Government.
The Ministry of Micro, Small and Medium Enterprises acts as the nodal agency for growth and development of SSIs in the country. The ministry formulates and implements policies and programmes in order to promote small scale industries and enhance their competitiveness. It is assisted by various public sector enterprises like:-


  • The Ministry has established three National Entrepreneurship Development Institutes which are engaged in development of training modules, undertaking research and training and providing consultancy services for entrepreneurship development in the SSI sector. These are:-



In a developing country like India, Small Scale Industries play a significant role in economic development of the country. They are a vital segment of Indian economy in terms of their contribution towards country's industrial production, exports, employment and creation of an entrepreneurial base. These industries by and large represent a stage in economic transition from traditional to modern technology. Small industry plays a very important role in widening the base of entrepreneurship. The development of small industries offers an easy and effective means of achieving broad based ownership of industry, the diffusion of enterprise and initiative in the industrial field.
Given their importance, the Government policy framework right from the First plan has highlighted the need for the development of SSI sector keeping in view its strategic importance in the overall economic development of India. Accordingly, the policy support from the Government towards Small Scale Industries has tended to be conducive and favourable to the development of small entrepreneurial class. Government accords the highest preference to development of SSI by framing and implementing suitable policies and promotional schemes.
The most important promotional policy of the Government for the SSI's is fiscal incentives in the form of tax concessions and exemptions of direct or indirect taxes leviable on production or profits.
With effect from financial year 2005-06,SSIs can claim deductions in respect of profits and gains(under section 80IB of Income tax Act) at the following rates:-
  • If SSI unit is owned by a company, the deduction available is 30% for first 10 years. If SSI unit is owned by a co-operative society, the deduction available is 25% for first 10 years.

  • If any other person owns SSI unit,the deduction to be claimed is 25% for first 10 years.
SSI unit can avail this tax exemption after fulfilling following conditions:
  • They should not be subsidiary of, or owned or controlled by other industrial undertakings. They should not be formed as a result of splitting up or reconstruction of any industrial undertaking/business. SSI units can manufacture any nature or type of goods, which they are permitted to do so. They should have commenced business between 1st April 1991 and 31st March 2002. They should employ atleast 10 workers in a manufacturing process carried out with aid of power or atleast 20 workers without aid of power.

  • This tax exemption from total income is allowed from the assessment year in which the unit begins to manufacture goods.
Small Scale Industries are subjected to excise duties under the Central Excise Tariff Act,1985(5 of 1986). The eligibility for excise concessions for SSIs has been based on annual turnover rather than SSI registration. SSI units having turnover less than Rs. 4 crores are only eligible for concessions. Government of India has provided various concessions to SSIs by granting full exemption from payment of central excise duty on a specified output and thereafter slab-wise concessions. Thus concessions in this regard are:-
  • SSI units producing goods upto Rs. 100 lakhs are exempted from payment of excise duties.

  • SSI units having turnover less than Rs. 60 lakhs per annum need not have a separate storeroom for storing finished products.

  • They are not required to maintain any statutory records such as daily stock accounts, etc. Their own records are adequate.

  • SSI exemption is available for goods for home consumption as well as goods exported to Nepal and Bhutan.
Choice of streams of concessions/exemptions:-
  • SSI Scheme (without CENVAT) :- Units can avail full exemption upto turnover or value of clearance of Rs. 100 lakhs and pay normal duty thereafter in the slab-rate of Rs. 100-300 lakhs. This option can be exercised automatically. Such SSI units can avail Cenvat credit on inputs only after reaching turnover of Rs. 100 lakhs. This scheme is applicable to all those units mentioned under SSI exemption notification no.8/2003-CE .This notification grants exemption in respect of basic excise duty and special excise duty. The manufacturer may opt for not availing exemption contained in this notification and instead pay normal rate of duty on the clearances. But once the option is exercised, it shall continue till the financial year ends.

  • SSI Scheme(with CENVAT) :- Units can avail Cenvat credit on inputs on all its turnover.Upto the value of clearance of Rs. 100 lakhs,units have to pay 60% of normal duty and thereafter for value of clearance of Rs.100-300 lakhs,they have to pay normal rate of duty .'Assessable value' is used to calculate limit of 100 and 300 lakhs which is equal to wholesale price at factory gate,exclusive of taxes .A manufacturer can opt this option any time determining his eligibility for concession and the concessional rate of duty.While exercising this option,the manufacturer should inform in writing to the Assistant Commissioner of Central Excise with a copy to its Superintendent giving following details:(a)name and address of manufacturer; (b)Location/locations of factory/factories; (c)description of inputs used in manufacture of specified goods and its description thereafter:(d)date from which option under SSI exemption notification (No.9/2003-CE) has been exercised; (e)Aggregate values of clearances of specified goods(excluding the value of clearances not covered under SSI exemption notification)till the date of exercising the option.
Value of clearances which are not eligible for SSI concessions, that is, not covered under SSI exemption notification are as follows:-
  • Clearances of the specified goods which are used as inputs for further manufacture of any specified goods within the factory of production of the specified goods

  • Clearances of strips of plastics used within the factory of production for weaving of fabrics or for manufacture of sacks or bags made of polymers of ethylene or propylene

  • Clearances of goods manufactured by SSI unit with the brand name or trade name of another person(unless goods are manufactured in rural areas)

  • Clearances of goods manufactured by SSI unit for captive consumption

  • Clearances of goods exempted under any other notification.
Procedural concessions to SSI:-
  • Quarterly Return:-SSI units availing concessions need not submit monthly ER-1 Return. They only have to submit quarterly ER-1 return by 20th of the following month.

  • SSI units have to pay duty by 15th of following month. They also have to pay duty in March by end of the month each year.


  • Excise inspectors, officers and audit parties can visit SSI unit only with specific permission taken from Assistant Commissioner and for a specific purpose. They have to enter relevant particulars in Visitors book maintained by registered person .Normally, audit of SSI unit has to be done once in two or five years(except for units who pay duty of Rs. 1 crore or above, who should be audited every year).

Sources :- 
http://www.studycafe.in/2013/07/procedures-in-central-excise-and.html
http://business.gov.in/outerwin.php?id=http://www.cbec.gov.in/excise/cx-manual/manual/chap7_part3.htm
Disclaimers :- The information provided is only for knowledge purpose which need to recheck and reconfirm with experts and Government Officials/Department to avoid any problem or violation of any law. Govt. Rules are changing time to time and need to confirm with expert or visit their official website for better information. Blogger is not responsible for any losses/damage and does not take any responsibilities in any case. 

No comments:

Post a Comment