Dear Sir, Please let me know who needs to File ER-4. Is it for the assesses who are paying Excise duty 1 crore or more per annum through only PLA? or both PLA & CENVAT together? What would be the late filing penalty for ER-6? Rgds, NK

The Annual financail information statment is to be filed under rule 12(2)(a) of CER 2002 and exemption from filing is granted vide not.No.17/2006CE (NT)dated 1.8.2006 under rule 12(2)(b) for assessee who paid duty of excise less than one hundered lakh rupees during the finacial year to which statement relates. Hence the limit is for total duty paid including PLA and Cenvat. ER6 is filed under rule 9A(3) of CCR 2004. since there is no specific penalty for late filing, the general penalty under rule 15A of CCR i.e "whoever contravenes the provisions of these rules for which no penalty has been provided in the rules he shall be liable to a penalty which may extend to Rs.5000" is applied.