Clarification on Digital Signature as per Notn No.8/2015 CE (NT) - Reg, Central Excise

[Rajavarapu Nageswar Rao]

Dear Sir,

Good morning every body,

We are manufacturer of Plastic goods under 39 Chapter.

In 2015 Union budget Notification No.8/2015 CE (NT) Dt:01.03.2015 amended / changes in CE Rules 10 and 11 amended.

a) As per above Notification CE Rule 10(4) Newly introduced. In our understandings Entire CE Records (Private Records / Equaled to Books of accounts) should be required / requires authentication of Digital signature OR only DSA Register. If Digital signature on DSA shall we maintaining / adopting in ERP or not?

b) As per above Notification CE Rule 11(8) Newly introduced. In our understandings CE Invoice should be requires Digital signature may be authenticated by a manufacturer. In this concept the Central Government so far not being issued any digital signature procedure / policy in the 2015 union budget not any specified notification / circular / trade notice.

c) Hence we require please clarify / specify the Digital Signature procedure under CE Act / Rules.

Thanks and Regards,

R.Nageswar Rao,

9490362191 / 9441494411

Posts / Replies

[Rajagopalan Ranganathan]

Sir,

Notification No. 8/2015-CE (NT) dated 1.3.2015 makes the following amendments: -

In rule 10, after sub-rule (3), the following sub-rules shall be inserted, namely: -

“(4) The 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.

In rule 11 after sub-rule (7), the following sub-rules shall be inserted, namely: -

“(8) An invoice issued under this rule by a manufacturer may be authenticated by means of a digital signature:

Provided that where the duplicate copy of the invoice meant for transporter is digitally signed, a hard copy of the duplicate copy of the invoice meant for transporter and self attested by the manufacturer shall be used for transport of goods.

(9) The Board may, by notification, specify the conditions, safeguards and procedure to be followed by an assessee using digitally signed invoice.

Explanation. - For the purposes of rule 11 and this rule, the expressions, “authenticate”, “digital signature” and “electronic form” shall have the respective meanings as assigned to them in the Information Technology Act, 2000 (21 of 2000).

In view of the above, it is not mandatory that an assessee should maintain his records only in electronic mode. He can also maintain the same manually. Similar is the position in the case of issue of invoices.

[Pradeep Khatri]

Dear Rajavaparu,

In simple words, it is an option, not the compulsion.

Regards,

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)