Section 35 of CGST Act 2017 deals with the upkeep and maintenance of books of accounts and records by every registered person at his principal place of business from where business is being pursued. Generally such place is mentioned in Certificate of registration of registered person.
Every registered person is required to keep and maintain all records at his principal place of business.
It is the responsibility of the following persons to maintain specified records-
Every registered person must maintain records of:
Rule 56 of CGST Rules, 2017 prescribe maintaining additional records pertaining to:-
The books of account shall be kept at the principal place of business and at every related place(s) of business mentioned in the certificate of registration and such books of account shall include any Accounts and Records in electronic form of data stored on any electronic devices. The data so stored shall be authenticated by way of digital signature.
Note : Any entry in registers, accounts and documents shall not be erased, effaced or overwritten, and all incorrect entries, otherwise than those of clerical nature, shall be scored out under attestation and thereafter correct entry shall be recorded, and where the registers and other documents are maintained electronically, a log of every entry edited or deleted shall be maintained. Further each volume of books of account maintained manually by the registered person shall be serially numbered.
Period for Retention of Accounts under GST
As per the GST Act, every registered taxable person must maintain the accounts books and records for at least 72 months (6 years). The period will be counted from the last date of filing of Annual Return for that year.
The last date of filing the Annual return is 31st December of the following year.
Consequences of Not Maintaining Proper Records
If the taxpayer fails to maintain proper records in respect of goods/services, then the proper officer shall treat such unaccounted goods/services as if the taxpayer had supplied them. The officer will determine the tax liability on such unaccounted goods.
The taxable person will be required to pay the tax liability calculated along with penalty.