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Access to a registered premises [Rule 22]

Access to a registered premises [Rule 22] :

(1) An officer empowered by the Commissioner in this behalf shall have access to any premises registered under these rules for the purpose of carrying out any scrutiny, verification and checks as may be necessary to safeguard the interest of revenue.

(2) Every assessee, an importer who issues an invoice on which CENVAT credit can be taken and first stage and second stage dealer shall furnish to the officer empowered under sub-rule (1), a list in duplicate, of-

(i) all the records prepared and maintained for accounting of transaction in regard to receipt, purchase, manufacture, storage, sales or delivery of the goods including inputs and capital goods, as the case may be;

(ii) all the records prepared and maintained for accounting of transaction in regard to payment for input services and their receipt or procurement; and

(iii) all the financial records and statements including trial balance or its equivalent.

(3) Every assessee, , an importer who issues an invoice on which CENVAT credit can be taken and first stage and second stage dealer shall, on demand make available to the officer empowered under sub-rule (1) or the audit party deputed by the Commissioner or the
Comptroller and Auditor General of India or Cost Accountant/ Chartered Accountant as nominated under section 14A/14AA of the Act, –

(i) the records maintained or prepared by him in terms of sub-rule (2);

(ii) the cost audit reports, if any, under section 233B of the Companies Act, 1956 ; and

(iii) the Income-tax audit report, if any, under section 44AB of the Income-tax Act, 1961

for the scrutiny of the officer or the audit party or the cost accountant or chartered accountant, within the time limit specified by the said officer or the audit party or the cost accountant or chartered accountant, as the case may be.

It has been clarified that for the purposes of this rule, “first stage dealer” and “‘second stage dealer” shall have the meanings assigned to them in CENVAT Credit Rules, 2004.

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