Rule 5 - Records - Service Tax Rules, 1994

5. Records (1) The records 3 (**) including computerized data's maintained by an assessee in accordance with the various laws in force from time to time shall be acceptable. 5 (2) Every assessee shall furnish to the Superintendent of Central Excise at the time of filing of return for the first time or the 31st day of January, 2008, whichever is later, a list in duplicate, of- (i) all the records prepared or maintained by the assessee for accounting of transactions in regard to,- 7 [ (a) providing of any service; ] (b) receipt or procurement of input services and payment for such input services; (c) receipt, purchase, manufacture, storage, sale, or delivery, as the case may be, in regard of inputs and capital goods; (d) other activities, such as manufacture and sale of goods, if any. (ii) all other financial records maintained by him in the normal course of business. Every assessee shall furnish to the 2 Superintendent of Central Excise at the time of filing his 1 (***) return for the first time, a list of all accounts maintained by the assessee in relation to service tax including memoranda received from his branch offices. 3 (3) All such records shall be preserved at least for a period of five years immediately after the financial year to which such records pertain. 3 (4) 6 Omitted 8 [(4) Records under this rule may be preserved in electronic form and every page of the record so preserved shall be authenticated by means of a digital signature. (5) The Board may, by notification, specify the conditions, safeguards and procedure to be followed by an assessee preserving digitally signed records. Explanation - For the purposes of rule 4C and sub-rule (4) and (5) of this rule,- (i) The expression authenticate shall have the same meaning as assigned in the Information Technology Act, 2000 (21 of 2000). (ii) The expression digital signature shall have the meaning as defined in the Information Technology Act, 2000 (21 of 2000) and the expression digitally signed shall be construed accordingly.] 3 Explanation . - For the purposes of this rule, registered premises includes all premises or offices from where an assessee is providing taxable services. -------------------------------- Note : 1. The word quarterly has been omitted vide Notification No. 54/98 dated 7/10/1998 2. For the words Central Excise Officer , the words Superintendent of Central Excise has been substituted vide Notification No. 5/2001 dated 9/7/2001 3. The bracket in (including computerised data) has been omitted and sub rule (3), (4) and Explanation have been inserted by notification no. 5/2006 dated 1/3/2006 4. For the words as the case may be , the words as the case may be, or, by the audit party deputed by the Comptroller and Auditor General of India. has been substituted vide notification no. 29/2006 ST dated 2-11-2006 5. Has been substituted vide Notification No. 45/2007 dated 28/12/2007 before it was read as, Every assessee shall furnish to the 2 Superintendent of Central Excise at the time of filing his 1 (***) return for the first time, a list of all accounts maintained by the assessee in relation to service tax including memoranda received from his branch offices. 6. Has been Omitted vide Notification No. 45/2007 dated 28/12/2007 before it was read as, Every assessee shall make available, at the registered premises, at all reasonable time, such records as mentioned in sub-rule (3), for inspection and examination by the Central Excise Officer authorised in writing by the jurisdictional Assistant Commissioner or Deputy Commissioner of Central Excise, 4 as the case may be, or, by the audit party deputed by the Comptroller and Auditor General of India. 7. Substituted vide Notification No. 36/2012- Service Tax, Dated 20/06/2012 , before it was read as:- Providing of any service, whether taxable or exempted; 8. Inserted vide Not. 05/2015 - Dated 1-3-2015 w.e.f. 1st day of March, 2015