Period of Preservation of Accounts/Records under Different Laws
Companies Act, 1956
- A company is required to maintain its books of account and vouchers for
a period of 8 years immediately preceding the current year. [The same period
continues under Companies Act, 2013 as well].
- The books and papers of the Amalgamated/Transferor Company must be not
be disposed of without the prior permission of the Central Government.
- The books and papers of a company which has been wound-up and of its
liquidator shall not be destroyed for a period of 5 years from the date of
its dissolution. They may be destroyed earlier with prior Central Government
permission.
- Every Company (not being an NBFC) accepting public deposits must
maintain a Register of deposits for 8 calendar years from the financial year
in which the latest entry is made in the Register.
- The Register and Index of Members must be maintained permanently.
- The Register and Index of debenture-holders must be maintained for 15
years after the redemption of debentures.
- The copies of all Annual Returns and Certificates and documents annexed
thereto must be maintained for 8 years from date of filing with the ROC.
NBFC Directions
- Every NBFC accepting public deposits must maintain a Register of
deposits for each branch and a consolidated Register for 8 calendar years
following the financial year in which the latest repayment/renewal entry is
made in the Register.
- NBFCs should maintain all necessary records of transactions for at least
ten years from the date of cessation of transaction between the NBFCs and
the client.
Income-tax Act, 1961
- Assessees are required to preserve the specified books of account for a
period of 6 years from the end of the relevant assessment year, i.e., for a
total period of 8 previous years.
- Period of six years gets extended if the assessment is reopened u/s.
147, till the time assessment is completed.
- Transfer Pricing documents and information specified under Rule 10D must
be maintained for a period of 8 years from the end of the relevant
assessment year, i.e., for a total period of 10 previous years.
- In a case where any income in relation to any asset (including financial
interest in any entity) located outside India, chargeable to tax has escaped
assessment for any assessment year – 16 years from the end of relevant
assessment year.
Central Excise
- Records including books of account and source documents and data in any
electronic media must be maintained for 5 years immediately after the
financial year to which such records pertain.
Service Tax
- Records including books of account and source documents and data in any
electronic media must be maintained for 5 years immediately after the
financial year to which such records pertain.
Maharashtra Value Added Tax Rules
- Every Registered Dealer must preserve all books of account, registers
and other documents pertaining to stocks, purchases, dispatches and
deliveries of goods, payment made and receipts towards sale or purchase of
goods for a period of not less than 8 years from the expiry of the year to
which they relate.
- In case where any proceedings are initiated, then the dealer shall
preserve books, till a final order is passed in respect of the said
proceedings.
Goods and Services Tax
- Books and records should be maintained for 6 years from the last date of
filing of the annual return (31st December) for that year.
SEBI Regulations
- Under the SEBI Regulations for Stock Brokers, Merchant Bankers,
Portfolio Managers, Underwriters, Debenture Trustees, FIIs, Custodian of
Securities and Depository Participants the Records prescribed by SEBI under
relevant Regulations must be maintained for a minimum period of 5 years. In
case of any investigation by CBI or police, books and records to be
maintained up to settlement of case (see circular dated 4-8-2005).
- Under the SEBI Regulations for Venture Capital Funds and Mutual Funds
the records prescribed by SEBI under relevant Regulations must be maintained
for a minimum period of 8 years.
- SEBI Regulations for Registrar & Transfer Agents and Bankers to an Issue
the records prescribed by SEBI under relevant Regulations must be maintained
for a minimum period of 3 years.
ICAI – Council's decision of 1957
- CAs should preserve records relating to audit and other work done by
them, routine correspondence and other papers for a minimum period of 10
years
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