Notification No.23/2006-CE(N.T.) dated 12.10.2006
CBEC notifies new ER-1 and ER-3 forms
Amendments made vide notification No-22/2007-CE(N.T.) dated 19.4.2007 has been incorporated)

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 supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.26/2005-Central Excise (N.T.), dated the 16th May, 2005 published vide G.S.R.313 (E), dated the 16th May, 2005, 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 forms 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              

 
Large Taxpayer Unit opted for (name of the city)*.- _________

1. Registration number .- ccccccccccccccc

2. Name of the Assessee .-ccccccccccccccccccccccc

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 number in Notification Rate ofduty (adv) Rate of duty (specific) Duty payable Provisional assessment number(if any)
(7) (8) (9) (10) (11) (12) (13)
CENVAT            
Other Duties            

4. Clearance details of inter unit transfer of intermediate goods without payment of duty under sub-rule(1)of rule 12BB*.-

 
Registration number of the recipient unit Name and address of the recipient premises CETSH NO. Description of goods sent Unit of Quantity Quantity cleared
(1) (2) (3) (4) (5) (6)
           


5. Receipt details of intermediate goods received from other premises under sub-rule(1)of rule 12BB*.-

 
Registration number of sender premises Name and address of the sender premises CETSH NO. Description of goods received Unit of Quantity Quantity received
(1) (2) (3) (4) (5) (6)
           


6. Details of duty paid on excisable goods.-

 
Duty code Credit Account (Rs) Account Current (Rs.) Challan BSR code Total duty paid (2+3)
      No. date    
(1) (2) (3) (4A) (4B) (5) (6)
CENVAT                      
Other Duties                      


7. Abstract of ACCOUNT-CURRENT (Cash payment).-

 
Summary particulars Amount in Rs.
(1) (2)
Opening Balance  
Add: TR-6/ GAR-7 Challan payments made in the month (in aggregate)  
Add*:Adjustment of the excess duty paid during previous period under subrule (2) of rule 12BB (incase of LT)  
Total amount available  
Less: Utilization towards Payment of duties on excisable goods during the month (vide. Details furnished under col.no.3 in Sl.No.(6) of the Return)  
Less Utilization towards Other Payments made during the month (vide. Details furnished under Sl.No.(9) of the Return)  
Closing balance  

8 . Details of CENVAT credit taken and utilized:-

 
Details of credit CENVAT (Rs) AED (TTA) (Rs) NCCD (Rs) ADE levied under clause 85 of Finance Act, 2005 (Rs) Additional duty of customs levied under section 3 (5) of the Customs Tariff Act, 1975
(1) (2) (3) (4) (5) (6)
Opening balance          
Credit taken on inputs on invoices issued by manufacturers          
Credit taken on inputs on invoices issued by I or II stage dealers          
Credit taken on imported inputs          
Credit taken on capital goods on invoices issued by manufacturers or by I or II stage dealers          
Credit taken on imported capital goods          
Credit taken on input services          
Credit taken from inter-unit transfer of credit by a large taxpayer*          
Credit taken under sub-rule(2) of rule 12BB of Central Excise Rules, 2002*          
Total credit available          
Credit utilised for payment of duty on goods          
Credit utilised when inputs or capital goods are removed as such          
Credit utilised for payment of tax on services          
Credit utilised towards inter-unit transfer of credit by a large taxpayer*          
Closing balance          

 
Education Cess on excisable goods (Rs) Secondary and Higher Education Cess on Excisable goods (Rs) Service Tax (Rs) Education Cess on taxable services (Rs) Secondary and Higher Education Cess on Taxable services” (Rs)
(7) (8) (9) (10) (11)

9. Details of other payments made.-

 
Payments Amount paid (Rs) Challan BSR code Source document.
  Account current Credit Account No. date   No date
(1) (2A) (2B) (3A) (3B) (4) (5A) (5B)
                         
                         
Arrears of duty under rule 8              
Other arrears of duty              
Interest payment under rule 8              
Other interest payments              
Misc. payments              

10. 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 TR6 Challans (copies enclosed) .

c) During the month, invoices bearing S.No. _____ to ______ were issued.

d) During the month, transfer challans under rule 12BB of the Central Excise Rules, 2002 bearing S. No.____ to _____, and transfer challan under rule 12A of the CENVAT Credit Rule, 2004 bearing S. No.______ to ______were issued. *



 

(Name of the Assessee or Authorised signatory)

Place :

Date :

*Applicable only for large taxpayers defined under Rule 2(ea) of the Central Excise Rules, 2002 and who has opted to operate as Large Taxpayer.

 
ACKNOWLEDGMENT


 
  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. The large taxpayer may indicate the Large Taxpayer Unit authority viz. Delhi, Mumbai, Kolkata, Bangalore or Chennai under which the large taxpayer has opted. 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 or Letter of undertaking, 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. Incase the intermediate goods are cleared by a large taxpayer under sub rule (1) of rule 12BB, the details of such clearances may be mentioned separately. Under columns (8) and (9) of the table at serial number 3, the words ‘inter unit transfer by large taxpayer under rule 12BB (1) ’ may be mentioned. There is no need to give the value for such inter unit transfers.

6. Details at serial number 4 and 5 are to be provided only by a large taxpayers defined under sub-rule (ea) of rule 2 of the Central Excise Rules, 2002 who have opted to operate as large taxpayer to provide break up of the intermediate goods that are either transferred or received.

7. 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.

8. 8-digit CETSH Number may be indicated without any decimal point.

9. 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


10. Where the duty is specific and is charged based on specified unit quantity, the same quantity code must be used for showing clearance figures.

11. 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.

Secondary & Higher Education Cess on Excisable goods- Secondary and Higher Education Cess on Excisable goods leviable under c lause (126) read with clause (128) of the Finance Bill, 2007, which by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16 of 1931), has the force of law.

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).

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.

12. In Tables at serial numbers 3 and 6 the ‘Other duties’ paid/payable, as applicable, may be mentioned as per the following sequence.
 
SED          
NCCD          
AED(TTA)          
SAED          
ADE          
ADE on specified products levied under clause 85 of Finance Act,2005          
EDUCATION CESS ON EXCISABLE GOODS          
CESS          
Secondary and Higher Education Cess on Excisable goods          


13. In column (10) in Table at serial number 3, indicate the effective rates of duty. Columns which are not applicable, may be left blank.

14. Goods cleared under compounded levy scheme, indicate the aggregate duty payable in column (12) of Table at serial number 3 as per the compounded levy scheme. The columns not applicable may be kept blank.

15. In case the goods are assessed provisionally, the details may be given separately in Table at serial number 3. In column (13) of Table at serial number 3, specify the Unique Identification number mentioned in the order for Provisional Assessment.

16. The details of the challans for duty payment should be mentioned in Table at Sr.No. 6. In Table at S.No.9, 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.

17. In column (5) of Table at serial number 9, 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.

18. In the Tables at serial numbers 6 and 9, the BSR codes of the Bank branch should be indicated when the instructions to this effect are issued.

19. Additional information required to be given only by a large taxpayer defined under sub-rule (ea) of rule 2 of the Central Excise Rules 2002, who has opted to operate as large taxpayer has been indicated with an asterix*

 
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              

 
Large Taxpayer Unit opted for (name of the city)*.- _________

1. Registration number .- ccccccccccccccc

2. Name of the Assessee .-ccccccccccccccccccccccc

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 number in Notification Rate ofduty (adv) Rate of duty (specific) Duty payable Provisional assessment number(if any)
(7) (8) (9) (10) (11) (12) (13)
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. Abstract of ACCOUNT-CURRENT (Cash payment).-

 
Summary particulars Amount in Rs.
(1) (2)
Opening Balance  
Add: TR-6/ GAR-7 Challan payments made in the month (in aggregate)  
Total amount available  
Less: Utilization towards Payment of duties on excisable goods during the month (vide. Details furnished under col.no.3 in Sl.No.(4) of the Return)  
Less Utilization towards Other Payments made during the month (vide. Details furnished under Sl.No.(7) of the Return)  
Closing balance  

6 . Details of CENVAT credit taken and utilized:-

 
Details of credit CEN VAT (Rs) AED (TTA) (Rs) NCCD (Rs) ADE levied under clause 85 of Finance Act, 2005 (Rs) Additional duty of customs levied under section 3 (5) of the Customs Tariff Act, 1975
(1) (2) (3) (4) (5) (6)
Opening balance          
Credit taken on inputs on invoices issued by manufacturers          
Credit taken on inputs on invoices issued by I or II stage dealers          
Credit taken on imported inputs          
Credit taken on capital goods on invoices issued by manufacturers or by I or II stage dealers          
Credit taken on imported capital goods          
Credit taken on input services          
Total credit available          
Credit utilised for payment of duty on goods          
Credit utilised when inputs or capital goods are removed as such          
Credit utilised for payment of tax on services          
Closing balance          

 
Education Cess on excisable goods (Rs) Secondary and Higher Education Cess on Excisable goods (Rs) Service Tax (Rs) Education Cess on taxable services (Rs) Secondary and Higher Education Cess on Taxable services” (Rs)
(7) (8) (9) (10) (11)

7. Details of other payments made:

 
Payments Amount Paid (Rs.) Challan BSR Code Source document.
  Account current Credit account No. Date   No date
(1) (2A) (2B) (3A) (3B) (4) (5A) (5B)
Arrears of duty under rule 8                        
Other arrears of duty                        
Interest payment under rule 8                        
Other interest payments                        
Misc. Payments                        


8. 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 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.

Secondary and Higher Education Cess on Excisable goods- Secondary and Higher Education Cess on Excisable goods leviable under c lause (126) read with clause (128) of the Finance Bill, 2007, which by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16 of 1931), has the force of law.

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).

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          
NCCD          
AED(TTA)          
SAED          
ADE          
ADE on specified products leviedunder clause 85 of Finance Bill,2005          
EDUCATION CESS ON EXCISABLE GOODS          
CESS          
Secondary and Higher Education Cess on Excisable goods          


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 (12) 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 (13) 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.7, 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 (5) of Table at serial number 7, 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 7, the BSR codes of the Bank branch should be indicated when the instructions to this effect are issued. (B) This notification shall come into effect from the 1st day of November, 2006.
 

(Rahul Nangare)
Under Secretary to the Government of India

[F.No. 202/24/2006-CX.6]