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Notification
No-26/2005-CE(N.T.) dated 13.5.2005
CBEC notifies new ER-1 and ER-3 forms
G.S.R. (E). - In exercise of the powers conferred by rule 12 of the Central
Excise Rules, 2002 and sub-rule (7) of rule 9 of CENVAT Credit Rules, 2004, and
in super session of the notification of the Government of India, Ministry of
Finance (Department of Revenue), No.25/2004-Central Excise (N.T.), dated the
27th September, 2004 published vide G.S.R.643 (E), dated the 27th September,
2004, the Central Board of Excise and Customs hereby specifies the following
forms for the purposes of the said rules, namely :-
(A) for monthly return for production and removal of goods and other relevant
particulars and CENVAT credit, the following form shall be used, namely:-
Form E.R.-1
Original/Duplicate
[See rule 12 of the Central Excise
Rules, 2002 and rule 9 (7) of CENVAT Credit Rules, 2004]
| M | M | Y | Y | Y | Y | ||
|---|---|---|---|---|---|---|---|
| Return of excisable goods and availment of CENVAT credit for the month of |
| 1. | Registration number |
| 2. | Name of the asse- ssee |
3. Details of the manufacture, clearance and duty payable:
| CETSH NO. | Description of goods | Unit of quantity | Quantity manufactured | Quantity cleared | Assessable value (Rs.) |
|||||||
| (1) | (2) | (3) | (4) | (5) | (6) | |||||||
| Duty | Notification availed | Serial No. in Notification | Rate of duty | Duty payable (Rs.) | Provisional assessment number (if any) |
| (7) | (8) | (9) | (10) | (11) | (12) |
| CENVAT | |||||
| Other Duties |
4. Details of duty paid on excisable goods:
| Duty code | Credit Account (Rs.) | Account Current (Rs.) | Challan | BSR Code | Total duty paid (Rs.) (2+3) |
||||||
| No. | date | ||||||||||
| (1) | (2) | (3) | (4A) | (4B) | (5) | (6) | |||||
| CENVAT | |||||||||||
| Other Duties | |||||||||||
5. Details of CENVAT credit availed and utilized:
| Details of Credit | CENVAT (Rs.) | AED (TTA) (Rs.) | NCCD (Rs.) | ADE levied under clause 85 of Finance Bill, 2005 (Rs.) | Education Cess on excisable goods (Rs.) | Service Tax (Rs.) | Education Cess on taxable services (Rs.) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Opening balance | |||||||
| Credit availed on inputs on invoices issued by manufacturers | |||||||
| Credit availed on inputs on invoices issued by I or II stage dealers | |||||||
| Credit availed on capital goods | |||||||
| Credit availed on input services | |||||||
| Total credit availed | |||||||
| Credit utilized for payment of duty on goods | |||||||
| Credit utilized when inputs or capital goods are removed as such | |||||||
| Credit utilized for payment of duty on services | |||||||
| Closing balance |
6. Details of other payments made:
| Payments | Amount Paid (Rs.) | Challan | BSR Code | Source document No. & date | |||||||
| Account current | Credit account | No. | Date | ||||||||
| (1) | (2A) | (2B) | (3A) | (3B) | (4) | (5) | |||||
| Arrears of duty under rule 8 | |||||||||||
| Other arrears of duty | |||||||||||
| Interest payment under rule 8 | |||||||||||
| Other interest payments | |||||||||||
| Misc. Payments | |||||||||||
7. Self- assessment memorandum:
| a) | I hereby declare that the information given in this
Return is true, correct and complete in every respect and that I am
authorised to sign on behalf of the assessee. |
| b) | During the month, total Rs. ___________ was deposited
vide TR 6 Challans (copies enclosed). |
| c) | During the month, invoices bearing S.No._______ to S.No.
_______ were issued. |
Date:
Place:
Name and signature of
Assessee or
Authorised Signatory
ACKNOWLEDGEMENT
| M | M | Y | Y | Y | Y | ||
|---|---|---|---|---|---|---|---|
| Return of excisable goods and availment of CENVAT credit for the month of |
| D | D | M | M | Y | Y | Y | Y | |||
|---|---|---|---|---|---|---|---|---|---|---|
| Date of receipt |
Name and Signature of the Range Officer with Official Seal
INSTRUCTIONS
1. Indicate the 15-digit PAN based registration number and the name as appearing
in the Registration Certificate.
2. In case more than one item is manufactured, additional row may be inserted in
each table, wherever necessary. For giving information about the details of
production and clearance, payment of duty and CENVAT credit availed and utilised
month wise, the respective tables may be replicated.
3. If a specific product attracts more than one rate of duty, then all the rates
should be mentioned separately.
For example: If a product is cleared at full rate of duty to the local market
and at a concessional /nil rate of duty for earthquake relief, then the details
for each category of clearance must be separately mentioned.
4. In case the goods are cleared for export under Bond, the details of clearance
may be mentioned separately. Under the columns (8) and (9) of table at serial
number 3, the words ‘Export under Bond’ may be mentioned.
5. If a specified product attracts different rates of duty, within the same
month, then such details should be separately mentioned.
For example: On the 10th of a month, the effective rate of duty leviable for the
product is changed, then the details relating to production, clearance and
payment of duty need to be mentioned separately for the period up to 9th of the
month and from 10th to the end of the month.
6. 8-digit CETSH Number may be indicated without any decimal point.
7. Wherever quantity codes appear, indicate relevant abbreviations as given
below.
| Quantities | Abbreviations | Quantities | Abbreviations |
|---|---|---|---|
| Centimetre(s) | cm | Metre(s) | m |
| Cubic centimetre(s) | cm3 | Square metre(s) | m2 |
| Cubic metre(s) | m3 | Millimetre(s) | mm |
| Gram(s) | g | Metric tonne | mt |
| Kilogram | kg | Number of pairs | pa |
| Kilolitre | kl | Quintal | q |
| Litre(s) | l | Tonne(s) | t |
| Thousand in number | Tu | Number | u |
8. Where the duty is specific and is charged based on specified unit quantity,
the same quantity code must be used for showing clearance figures.
9. In column (6) of Table at serial number 3, the assessable value means,
(a) where goods attract advalorem rate of duty, the value under section 4 of
Central Excise Act, 1944 (1 of 1944);
(b) where goods are covered under section 4A of the Act, the assessable value as
worked out under MRP after allowing deductions as provided under section 4A of
the Act;
(c) in case of goods for which the tariff value is fixed, such tariff value;
(d) in case of specific rated goods, the aggregated invoice value of the goods
excluding all taxes;
(e) in case of combination of advalorem and specific duties, the transaction
value under section 4 of the Act;
(f) in case of exports under Bond, the ARE-1/ARE-2/invoice value.
The abbreviations and expressions used to denote a particular type of duty are
as below:
CENVAT- Duty of Excise leviable as per First Schedule to Central Excise Tariff
Act, 1985 (5 of 1986).
SED- Special Excise Duty leviable as per Second Schedule to Central Excise
Tariff Act, 1985 (5 of 1986).
AED (GSI)- Additional Duty of Excise leviable under Additional Duties of Excise
(Goods of Special Importance) Act, 1957 (58 of 1957).
NCCD- National Calamity Contingent Duty leviable under section 136 of the
Finance Act, 2001(as amended).
AED (TTA)- Additional Duty of Excise leviable under Additional Duties of Excise
(Textile and Textile Articles) Act, 1978 ( 40 of 1978).
SAED- Special Additional Excise Duty leviable under section 147 of the Finance
Act, 2002.
ADE- Additional duty of Excise on Motor Spirit and High Speed Diesel leviable
under section 111 of the Finance (No. 2) Act, 1998 and section 133 of the
Finance Act, 1999 respectively.
ADE on specified products- ADE on specified products as levied under Clause 85
of the Finance Bill, 2005.
Education Cess on excisable goods-Education Cess on excisable goods leviable
under section 91 read with section 93 of Finance (No. 2) Act, 2004 (23 of 2004).
Service Tax- Service tax leviable under section 66 of the Finance Act, 1994 (32
of 1994).
Cess- Cess leviable under different Cess enactments.
10. In Tables at serial numbers 3 and 4 the ‘Other duties’ paid/payable, as
applicable, may be mentioned as per the following sequence.
| SED | |||||
| AED(GSI) | |||||
| NCCD | |||||
| AED(TTA) | |||||
| SAED | |||||
| ADE | |||||
| ADE on specified products levied under clause 85 of Finance Bill,2005 |
|||||
| EDUCATION CESS ON EXCISABLE GOODS |
|||||
| CESS |
11. In column (10) in Table at serial number 3, indicate the effective rates of
duty. Columns which are not applicable, may be left blank.
12. Goods cleared under compounded levy scheme, indicate the aggregate duty
payable in column (11) of Table at serial number 3 as per the compounded levy
scheme. The columns not applicable may be kept blank.
13. In case the goods are assessed provisionally, the details may be given
separately in Table at serial number 3. In column (12) of Table at serial number
3, specify the Unique Identification number mentioned in the order for
Provisional Assessment.
14. The details of the challans for duty payment should be mentioned in Table at
Sr.No. 4. In Table at S.No.6, separate challans should be used for pre-deposit
of duty for the purpose of appellate remedy, for paying dues for approaching
Settlement Commission and for other payments.
15. In column (4) of Table at serial number 6, specify the Order-in-Original
number and date relating to the payment of arrears of duty and of interest, the
period for which the said interest has been paid. For other miscellaneous
payments, mention the source document number and date.
16. In the Tables at serial numbers 4 and 6, the BSR codes of the Bank branch
should be indicated when the instructions to this effect are issued.
Form E.R.-3
Original/Duplicate
[See rule 12 of the Central Excise
Rules, 2002 and rule 9 (7) of CENVAT Credit Rules, 2004]
[To be submitted by the assessees falling under proviso to rule 12 of the
Central Excise Rules, 2002]
| M | M | Y | Y | Y | Y | ||
|---|---|---|---|---|---|---|---|
| Return of excisable goods and availment of CENVAT credit for the month of |
| 1. | Registration number |
| 2. | Name of the asse- ssee |
3. Details of the manufacture, clearance and duty payable:
| CETSH NO. | Description of goods | Unit of quantity | Quantity manufactured | Quantity cleared | Assessable value (Rs.) |
|||||||
| (1) | (2) | (3) | (4) | (5) | (6) | |||||||
| Duty | Notification availed | Serial No. in Notification | Rate of duty | Duty payable (Rs.) | Provisional assessment number (if any) |
| (7) | (8) | (9) | (10) | (11) | (12) |
| CENVAT | |||||
| Other Duties |
4. Details of duty paid on excisable goods:
| Duty code | Credit Account (Rs.) | Account Current (Rs.) | Challan | BSR Code | Total duty paid (Rs.) (2+3) |
||||||
| No. | date | ||||||||||
| (1) | (2) | (3) | (4A) | (4B) | (5) | (6) | |||||
| CENVAT | |||||||||||
| Other Duties | |||||||||||
5. Details of CENVAT credit availed and utilized:
| Details of Credit | CENVAT (Rs.) | AED (TTA) (Rs.) | NCCD (Rs.) | ADE levied under clause 85 of Finance Bill, 2005 (Rs.) | Education Cess on excisable goods (Rs.) | Service Tax (Rs.) | Education Cess on taxable services (Rs.) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Opening balance | |||||||
| Credit availed on inputs on invoices issued by manufacturers | |||||||
| Credit availed on inputs on invoices issued by I or II stage dealers | |||||||
| Credit availed on capital goods | |||||||
| Credit availed on input services | |||||||
| Total credit availed | |||||||
| Credit utilized for payment of duty on goods | |||||||
| Credit utilized when inputs or capital goods are removed as such | |||||||
| Credit utilized for payment of duty on services | |||||||
| Closing balance |
6. Details of other payments made:
| Payments | Amount Paid (Rs.) | Challan | BSR Code | Source document No. & date | |||||||
| Account current | Credit account | No. | Date | ||||||||
| (1) | (2A) | (2B) | (3A) | (3B) | (4) | (5) | |||||
| Arrears of duty under rule 8 | |||||||||||
| Other arrears of duty | |||||||||||
| Interest payment under rule 8 | |||||||||||
| Other interest payments | |||||||||||
| Misc. Payments | |||||||||||
7. Self- assessment memorandum:
| a) | I hereby declare that the information given in this Return is true, correct and complete in every respect and that I am authorised to sign on behalf of the assessee. |
| b) | During the month, total Rs. ________________ was deposited vide TR 6 Challans (copies enclosed). |
| c) | During the month, invoices bearing S.No._______ to S.No. _______ were issued. |
Date:
Place:
Name and signature of
Assessee or
Authorised Signatory
ACKNOWLEDGEMENT
| M | M | Y | Y | Y | Y | ||
|---|---|---|---|---|---|---|---|
| Return of excisable goods and availment of CENVAT credit for the month of |
| D | D | M | M | Y | Y | Y | Y | |||
|---|---|---|---|---|---|---|---|---|---|---|
| Date of receipt |
Name and Signature of the Range Officer with Official Seal
INSTRUCTIONS
2. Indicate the 15-digit PAN based registration number and the name as appearing
in the Registration Certificate.
2. In case more than one item is manufactured, additional row may be inserted in
each table, wherever necessary. For giving information about the details of
production and clearance, payment of duty and CENVAT credit availed and utilised
month wise, the respective tables may be replicated.
3. If a specific product attracts more than one rate of duty, then all the rates
should be mentioned separately.
For example: If a product is cleared at full rate of duty to the local market
and at a concessional /nil rate of duty for earthquake relief, then the details
for each category of clearance must be separately mentioned.
4. In case the goods are cleared for export under Bond, the details of clearance
may be mentioned separately. Under the columns (8) and (9) of table at serial
number 3, the words ‘Export under Bond’ may be mentioned.
5. If a specified product attracts different rates of duty, within the same
month, then such details should be separately mentioned.
For example: On the 10th of a month, the effective rate of duty leviable for the
product is changed, then the details relating to production, clearance and
payment of duty need to be mentioned separately for the period up to 9th of the
month and from 10th to the end of the month.
6. 8-digit CETSH Number may be indicated without any decimal point.
7. Wherever quantity codes appear, indicate relevant abbreviations as given
below.
| Quantities | Abbreviations | Quantities | Abbreviations |
|---|---|---|---|
| Centimetre(s) | cm | Metre(s) | m |
| Cubic centimetre(s) | cm3 | Square metre(s) | m2 |
| Cubic metre(s) | m3 | Millimetre(s) | mm |
| Gram(s) | g | Metric tonne | mt |
| Kilogram | kg | Number of pairs | pa |
| Kilolitre | kl | Quintal | q |
| Litre(s) | l | Tonne(s) | t |
| Thousand in number | Tu | Number | u |
8. Where the duty is specific and is charged based on specified unit quantity,
the same quantity code must be used for showing clearance figures.
9. In column (6) of Table at serial number 3, the assessable value means,
(a) where goods attract ad valorem rate of duty, the value under section 4 of
Central Excise Act, 1944 (1 of 1944);
(b) where goods are covered under section 4A of the Act, the assessable value as
worked out under MRP after allowing deductions as provided under section 4A of
the Act;
(c) in case of goods for which the tariff value is fixed, such tariff value;
(d) in case of specific rated goods, the aggregated invoice value of the goods
excluding all taxes;
(e) in case of combination of advalorem and specific duties, the transaction
value under section 4 of the Act;
(f) in case of exports under Bond, the ARE-1/ARE-2/invoice value.
The abbreviations and expressions used to denote a particular type of duty are
as below:
CENVAT- Duty of Excise leviable as per First Schedule to Central Excise Tariff
Act, 1985 (5 of 1986).
SED- Special Excise Duty leviable as per Second Schedule to Central Excise
Tariff Act, 1985 (5 of 1986).
AED (GSI)- Additional Duty of Excise leviable under Additional Duties of Excise
(Goods of Special Importance) Act, 1957 (58 of 1957).
NCCD- National Calamity Contingent Duty leviable under section 136 of the
Finance Act, 2001(as amended).
AED (TTA)- Additional Duty of Excise leviable under Additional Duties of Excise
(Textile and Textile Articles) Act, 1978 ( 40 of 1978).
SAED- Special Additional Excise Duty leviable under section 147 of the Finance
Act, 2002.
ADE- Additional duty of Excise on Motor Spirit and High Speed Diesel leviable
under section 111 of the Finance (No. 2) Act, 1998 and section 133 of the
Finance Act, 1999 respectively.
ADE on specified products- ADE on specified products as levied under Clause 85
of the Finance Bill, 2005.
Education Cess on excisable goods-Education Cess on excisable goods leviable
under section 91 read with section 93 of Finance (No. 2) Act, 2004 (23 of 2004).
Service Tax- Service tax leviable under section 66 of the Finance Act, 1994 (32
of 1994).
Cess- Cess leviable under different Cess enactments.
10. In Tables at serial numbers 3 and 4 the ‘Other duties’ paid/payable, as
applicable, may be mentioned as per the following sequence.
| SED | |||||
| AED(GSI) | |||||
| NCCD | |||||
| AED(TTA) | |||||
| SAED | |||||
| ADE | |||||
| ADE on specified products levied under clause 85 of Finance Bill,2005 |
|||||
| EDUCATION CESS ON EXCISABLE GOODS |
|||||
| CESS |
11. In column (10) in Table at serial number 3, indicate the effective rates of
duty. Columns which are not applicable, may be left blank.
12. Goods cleared under compounded levy scheme, indicate the aggregate duty
payable in column (11) of Table at serial number 3 as per the compounded levy
scheme. The columns not applicable may be kept blank.
13. In case the goods are assessed provisionally, the details may be given
separately in Table at serial number 3. In column (12) of Table at serial number
3, specify the Unique Identification number mentioned in the order for
Provisional Assessment.
14. The details of the challans for duty payment should be mentioned in Table at
Sr.No. 4. In Table at S.No.6, separate challans should be used for pre-deposit
of duty for the purpose of appellate remedy, for paying dues for approaching
Settlement Commission and for other payments.
16. In column (4) of Table at serial number 6, specify the Order-in-Original
number and date relating to the payment of arrears of duty and of interest, the
period for which the said interest has been paid. For other miscellaneous
payments, mention the source document number and date.
17. In the Tables at serial numbers 4 and 6, the BSR codes of the Bank branch
should be indicated when the instructions to this effect are issued.
[F.No. 201/58/2004-CX.6]
(Neerav Kumar Mallick)
Under Secretary to the Government of India