Section 35. Accounts and other records.-
(1) Every registered person shall keep and maintain,
at his principal place of business, as mentioned in the certificate of
registration, a true and correct account of-
(a) production or manufacture of goods;
(b) inward and outward supply of goods or services or
both;
(c) stock of goods;
(d) input tax credit availed;
(e) output tax payable and paid; and
(f) such other particulars as may be prescribed:
Provided that where more than one place of business is
specified in the certificate of registration, the accounts relating to each
place of business shall be kept at such places of business:
Provided further that the registered person may keep
and maintain such accounts and other particulars in electronic form in such
manner as may be prescribed.
(2) Every owner or operator of warehouse or godown or
any other place used for storage of goods and every transporter, irrespective
of whether he is a registered person or not, shall maintain records of the
consigner, consignee and other relevant details of the goods in such manner as
may be prescribed.
(3) The Commissioner may notify a class of taxable
persons to maintain additional accounts or documents for such purpose as may be
specified therein.
(4) Where the Commissioner considers that any class of
taxable person is not in a position to keep and maintain accounts in accordance
with the provisions of this section, he may, for reasons to be recorded in
writing, permit such class of taxable persons to maintain accounts in such
manner as may be prescribed.
(5) 1[****]
(6) Subject to the provisions of clause (h) of
sub-section (5) of section 17, where the registered person fails to account for
the goods or services or both in accordance with the provisions of sub-section
(1), the proper officer shall determine the amount of tax payable on the goods
or services or both that are not accounted for, as if such goods or services or
both had been supplied by such person and the provisions of section 73 or
section 74, as the case may be, shall, mutatis mutandis, apply for determination
of such tax.
