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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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Publish Date: 17 Oct, 2008
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Article on Recent Amendments in Excise Return (ER-4, ER-5, ER-6)

                                                                                                                          

                                                                  - Sukhvinder Kaur, LLB(FYIC)

 
Excise Returns: Recent Amendments
 
 
Every manufacturer has to file certain prescribed returns regarding his production, financial position, information on principal inputs etc. The filing of returns has been prescribed in the Central Excise Rules, 2002.
 
The Central Board of Excise and Customs has brought certain changes in the Central Excise Rules, 2002 regarding filing of returns by a manufacturer. These changes have been brought due to falling revenue collections. These changes have been made to check the evasion of duty in the industry and increase the revenue collections.
 
These changes have been explained in the following paras:
 
1.) Annual Financial Information Statement (ER-4):-
 
Rule 12 (2) (a) of the Central Excise Rules, 2002 provides that every assessee has to submit an Annual Financial Information Statement for which the statement relates by 30th day of November of the succeeding year. This Statement is to be filed in ER-4 to the Superintendent of Central Excise. However, the assessees paying excise duty less than One Crore from account current during the financial year, to which the Annual Financial Information Statement relates, were granted exemption from filing the said Statement vide Notification No. 17/2006-CE (NT), dated 1.08.06.
 
Now, Notification No. 17/2006-CE has been amended by Notification No. 42/2008-CE (NT) dated 29.09.08. The words “from account current” have been omitted from the Notification No.17/2006-CE. The effect of this amendment is that the assessee, who is paying excise duty of One Crore and more in total, i.e. from PLA as well as from Cenvat Credit Account, is now required to submit the Annual Financial Information Statement in ER-4. This statement is to be submitted by 30th November. Earlier, only the assessee paying excise duty of more than 1 Crore from account current (PLA) were required to file the Annual Financial Information Statement in ER-4 format.
 
2.)  Information relating to principle inputs (ER-5):-          
 
Rule 9A (1) provides that a manufacturer of final products has to furnish a declaration in respect of each of the excisable goods manufactured or to be manufactured by him, the principal inputs and the quantity of such inputs required for use in the manufacture of unit quantity of such final products. The said declaration is required to be filed in Form ER-5 annually before 30th April of each financial year. Notification No. 39/2004-CE(NT) dated 25.11.04 exempted the manufacturers of the following categories of goods from filing ER-5 who had paid excise duty less than One Crores from Current Account during the preceding financial year.
 
Now, vide Notification No. 41/2008-CE(NT) dated 29.09.08 the words “through account current” have been omitted. The effect of this amendment is that the assessee who is paying excise duty of One Crore and more in total i.e from PLA as well as from Cenvat Credit Account is required to file the Information relating to principal inputs in ER-5. This return is to be filed by 30th April of each financial year. Earlier, only the assessee paying excise duty of more than 1 Crore from account current (PLA) were required to file the Information relating to principle inputs in ER-5 format.
 
3.) Declaration by SSI units availing exemption from Registration:-
 
Notification No. 36/2001-CE(NT), dated 26.06.01 provides exemption from Registration to units manufacturing goods subject to ‘nil’ rate of duty or are fully exempt from excise duty by virtue of a Notification. Units availing SSI exemption are covered under this Notification. However, such units are required to file declaration that they fall under the exemption fixed, by submitting the details of goods manufactured by the factory during the preceding Financial Year.
 
Notification No. 36/2001-CE (NT) has been amended vide Notification No. 40/2008-CE(NT) dated 29.09.08. Now, the Units availing small scale excise exemption are required to file revised declaration for the year 2007-08 in new form for Declarant Units.
This revised declaration is to be filed by 31st October, 2008 in new form.
 
4.) Annual Installed Capacity Statement in ER-7:-
 
Returns to be filed by an assessee have been prescribed under Rule 12 of the Central Excise Rules, 2002. CBEC has amended Rule 12 (2) of the Central Excise Rules, 2002 by the Central Excise (Fourth Amendment) Rules, 2008 which have been introduced vide Notification No. 38/2008-CE (NT), dated 29.09.08. A new sub-rule (a) has been added which provides that every manufacturer has to submit an Annual Installed Capacity Statement.  
 
In this statement the assessee has to declare the annual production capacity of his factory for the Financial Year to which the statement relates. This means the assessee has to gives its annual production capacity of products manufactured, the details of main plant and machinery installed in the factory as well as the details of electricity consumed in his factory.
 
These details are to be submitted to the Superintendent of Central Excise in Form ER-7. This return is to be filed by 30th day of April of the succeeding financial year. But for the year 2007-08, the said statement is to be filed by 30th October, 2008. Form ER-7 has been prescribed vide Notification No. 39/2008-CE (NT), dated 29.09.08.
   
This return aim at curbing the evasion in the industry and increase in revenue. But the installed capacity will not bring revenue for the government. But the utilization of the same will bring the revenue. In Era of global recession, these steps will prove fatal for the industry. It will increase the corruption only.
 

 

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