Companies
(Cost Records and Audit) Rules, 2014
[Companies (Cost Records and Audit) Rules, 2014]
[30th June, 2014]
In exercise of the powers
conferred by sub-sections (1) and (2) of Section 469 and Section 148 of the
Companies Act, 2013 (18 of 2013) and in supersession of Companies (Cost
Accounting Records) Rules, 2011; Companies (Cost Audit Report) Rules, 2011;
Cost Accounting Records (Telecommunication Industry) Rules, 2011; Cost
Accounting Records (Petroleum Industry) Rules, 2011; Cost Accounting Records
(Electricity Industry) Rules, 2011; Cost Accounting Records (Sugar Industry)
Rules, 2011; Cost Accounting Records (Fertilizer Industry) Rules, 2011 and Cost
Accounting Records (Pharmaceutical Industry) Rules, 2011, except as respects
things done or omitted to be done before such supersession, the Central
Government hereby makes the following rules, namely.
Rule - 1. Short title and commencement.
(1) These rules may be called
the Companies (Cost Records and
Audit) Rules, 2014.
(2) They shall come into force
on the date of publication in the Official Gazette.
Rule - 2. Definitions.
In these rules, unless the
context otherwise requires
(a) “Act” means the Companies
Act, 2013 (18 of 2013);
[(aa) “Customs Tariff Act Heading” means the heading as referred
to in the Additional Notes in the First Schedule to the Customs Tariff Act,
1975 (51 of 1975);]
(b) “Cost Accountant in
practice” means a cost accountant as defined in clause (b) of sub-section (1) of Section 2 of the Cost and Works
Accountants Act, 1959 (23 of 1959), who holds a valid certificate of practice
under sub-section (1) of Section 6 of that Act and who is deemed to be in
practice under sub-section (2) of Section 2 thereof, and includes a firm or
limited liability partnership of cost accountants;
(c) “cost auditor” means a Cost
Accountant in practice, as defined in clause (b), who is appointed by the Board;
(d) [“Cost audit report” means
the duly signed cost auditor's report on the cost records examined and cost
statements which are prepared as per these rules, including attachment,
annexure, qualifications or observations attached with or included in such
report;]
(e) “cost records” means books
of account relating to utilisation of materials, labour and other items of cost
as applicable to the production of goods or provision of services as provided
in Section 148 of the Act and these rules;
(f) “form” means a form annexed
to these rules;
[(fa) “Indian Accounting Standards” means Indian Accounting
Standards as referred to in Companies (Indian Accounting Standards) Rules,
2015;]
(g) “institute” means the
Institute of Cost Accountants of India constituted under the Cost and Works
Accountants Act, 1959 (23 of 1959);
(h) all other words and
expressions used in these rules but not defined, and defined in the Act or in
the Companies (Specification of Definition Details) Rules, 2014 shall have the
same meanings as assigned to them in the Act or in the said rules.
Rule - [3. Application of Cost Records.
For the purposes of
sub-section (1) of Section 148 of the Act, the class of companies, including
foreign companies defined in clause (42) of Section 2 of the Act, engaged in
the production of the goods or providing services, specified in the Table
below, having an overall turnover from all its products and services of Rupees
Thirty-five crore or more during the immediately preceding financial year,
shall include cost records for such products or services in their books of
account, namely].
[TABLE]
(A)
Regulated Sectors.
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Sl. No.
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Industry/Sector/Product/Service
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[Customs Tariff Act Heading]
(wherever applicable)
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1.
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Telecommunication services made available to
users by means of any transmission or reception of signs, signals, writing,
images and sounds or intelligence of any nature and regulated by the Telecom
Regulatory Authority of India under the Telecom Regulatory Authority of India
Act, 1997 (24 of 1997); including activities that requires authorisation or
license issued by the Department of Telecommunications, Government of India
under Indian Telegraph Act, 1885 (13 of 1885);
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Not applicable.
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2.
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Generation, transmission, distribution and supply
of electricity regulated by the relevant regulatory body or authority under
the Electricity Act, 2003 (36 of 2003);
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Generation-2716; Other Activity-Not Applicable
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3.
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Petroleum products; including activities
regulated by the Petroleum and Natural Gas Regulatory Board under the
Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006);
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2709 to 2715;Other Activity-Not Applicable.
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4.
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Drugs and pharmaceuticals;
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2901 to 2942; 3001 to 3006.
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5.
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Fertilisers;
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3102 to 3105
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6.
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Sugar and industrial alcohol;
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1701; 1703; 2207.
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(B)
Non-regulated Sectors.
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Sl. No.
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Industry/Sector/Product/Service
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Central Excise Tariff Act Handling (wherever
applicable)
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1.
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Machinery and mechanical appliances used in
defence, space and atomic energy sectors excluding any ancillary item or
items;
Explanation.—For the purposes of this
sub-clause, any company which is engaged in any item or items supplied
exclusively for use under this clause, shall be deemed to be covered under
these rules;
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8401; 8801 to 8805; 8901 to 8908.
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2.
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Turbo jets and turbo propellers;
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8411
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3.
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Arms, ammunitions and Explosives
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3601 to 3603; 9301 to 9306.
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4.
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Propellant powders; prepared explosives (other
than propellant powders); safety fuses; detonating fuses; percussion or detonating
caps; igniters; electric detonators;
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3601 to 3603
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5.
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Radar apparatus radio navigational aid apparatus
and radio remote control apparatus;
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8526
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6.
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Tanks and other armoured fighting vehicles,
motorised, whether or not fitted with weapons and parts of such vehicles,
that are funded (investment made in the company) to the extent of ninety per
cent or more by the Government or Government agencies;
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8710
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7.
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Port services of stevedoring, pilotage, hauling,
mooring, re-mooring, hooking, measuring, loading and unloading services
rendered by a Port in relation to a vessel or goods regulated by the Tariff
Authority for Major Ports;
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Not applicable.
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8.
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Aeronautical services of air traffic management,
aircraft operations, ground safety services, ground handling, cargo
facilities and supplying fuel rendered by airports and regulated by the
Airports Economic Regulatory Authority under the Airports Economic Regulatory
Authority of India Act, 2008 (27 of 2008);
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Not applicable
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9.
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Iron and Steel;
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7201 to 7229; 7301 to 7326
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10.
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Roads and other infrastructure projects
corresponding to para no. (1)(a)
as specified in Schedule VI of the Companies Act, 2013 (18 of 2013);
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Not applicable.
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11.
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Rubber and allied products; including products
regulated by the Rubber Board constituted under the Rubber Act, 1947 (XXIV of
1947);
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4001 to 4017
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12.
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Coffee and tea;
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0901 to 0902
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13.
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Railway or tramway locomotives, rolling stock,
railway or tramway fixtures and fittings, mechanical (including electro
mechanical) traffic signalling equipment's of all kind;
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8601 to 8608
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14.
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Cement;
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2523; 6811 to 6812
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15.
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Ores and Mineral products;
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2502 to 2522; 2524 to 2526; 2528 to 2530; 2601 to
2617
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16.
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Mineral fuels (other than Petroleum), mineral
oils etc.;
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2701 to 2708
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17.
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Base metals;
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7401 to 7403; 7405 to 7413; 7419; 7501 to 7508;
7601 to 7614; 7801 to 7802; 7804; 7806; 7901 to 7905; 7907; 8001; 8003; 8007;
8101 to 8113.
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18.
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Inorganic chemicals, organic or inorganic
compounds of precious metals, rare-earth metals of radioactive elements or
isotopes, and organic chemicals;
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2801 to 2853; 2901 to 2942; 3801 to 3807; 3402 to
3403; 3809 to 3824.
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19.
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Jute and Jute Products;
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5303, 5310
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20.
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Edible Oil;
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1507 to 1518
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21.
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Construction Industry as per para no. (5)(a) as specified in Schedule VI of
the Companies Act, 2013 (18 of 2013);
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Not applicable.
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22.
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Health services, namely functioning as or running
hospitals, diagnostic centres, clinical centres or test laboratories;
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Not applicable.
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23.
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Education services, other than such similar services
falling under philanthropy or as part of social spend which do not form part
of any business;
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Not applicable.
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24.
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Milk powder;
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0402
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25.
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Insecticides;
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3808
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26.
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Plastics and Polymers;
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3901 to 3914; 3916 to 3921; 3925
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27.
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Tyres and tubes;
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4011 to 4013
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28.
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Paper;
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4801 to 4802
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29.
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Textiles;
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5004 to 5007; 5106 to 5113; 5205 to 5212; 5303;
5310; 5401 to 5408; 5501 to 5516
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30.
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Glass;
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7003 to 7008; 7011; 7016
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31.
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Other machinery and Mechanical Appliances;
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8402 to 8487
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32.
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Electricals or electronic machinery;
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8501 to 8507; 8511 to 8512; 8514 to 8515; 8517;
8525 to 8536; 8538 to 8547.
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33.
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Production, import and supply or trading of
following medical devices, namely—
(i)
Cardiac stents;
(ii)
Drug eluting stents;
(iii)
Catheters;
(iv)
Intra ocular lenses;
(v)
Bone cements;
(vi)
Heart valves;
(vii)
Orthopaedic implants;
(viii)
Internal prosthetic replacements;
(ix)
Scalp vein set;
(x)
Deep brain stimulator;
(xi)
Ventricular peripheral shud;
(xii)
Spinal implants;
(xiii)
Automatic impalpable cardiac deflobillator;
(xiv)
Pacemaker (temporary and permanent);
(xv)
Patent ductus arteriosus, atrial septal defect and ventriculur septal defect
closure device;
(xvi)
Cardiac re-synchronise therapy;
(xvii)
Urethra spinicture devices;
(xviii)
Sling male or female;
(xix)
Prostate occlusion device; and
(xx)
Urethral stents:
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9018 to 9022]
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Provided that nothing
contained in Serial Number 33 shall apply to foreign companies having only
liaison offices:
Provided further that
nothing contained in this rule shall apply to a company which is classified as
a micro-enterprise or a small enterprise including as per the turnover criteria
under sub-section (9) of Section 7 of the Micro, Small and Medium Enterprises
Development Act, 2006 (27 of 2006).]
Rule - [4. Applicability for cost audit.
(1) Every company specified in
item (A) of Rule 3 shall get its cost records audited in accordance with these
rules if the overall annual turnover of the company from all its products and
services during the immediately preceding financial year is Rupees Fifty crore
or more and the aggregate turnover of the individual product or products or
service or services for which cost records are required to be maintained under
Rule 3 is Rupees Twenty-five crore or more.
(2) Every company specified in
item (B) of Rule 3 shall get its cost records audited in accordance with these
rules if the overall annual turnover of the company from all its products and
services during the immediately preceding financial year is Rupees One hundred
crore or more and the aggregate turnover of the individual product or products
or service or services for which cost records are required to be maintained
under Rule 3 is Rupees Thirty-five crore or more.
(3) The requirement for cost
audit under these rules shall not apply to a company which is covered in Rule
3; and
(i) whose revenue from exports,
in foreign exchange, exceeds seventy-five per cent of its total revenue; or
(ii) which is operating from a
special economic zone;]
(iii) [which is engaged in
generation of electricity for captive consumption through Captive Generating
Plant. For this purpose, the term “Captive Generating Plant” shall have the
same meaning as assigned in Rule 3 of the Electricity Rules, 2005.]
Rule - 5. Maintenance of records.
(1) Every company under these
rules including all units and branches thereof, shall, in respect of each of
its financial year commencing on or after the 1st day of April, 2014, maintain
cost records in Form CRA-1:
[Provided that in case of
company covered in Serial Number 12 and Serial Numbers 24 to 32 of item (B) of
Rule 3, the requirement under this rule shall apply in respect of each of its
financial year commencing on or after 1st day of April, 2015.]
(2) The cost records referred
to in sub-rule (1) shall be maintained on regular basis in such manner as to
facilitate calculation of per unit cost of production or cost of operations,
cost of sales and margin for each of its products and activities for every
financial year on monthly or quarterly or half-yearly or annual basis.
(3) The cost records shall be
maintained in such manner so as to enable the company to exercise, as far as
possible, control over the various operations and costs to achieve optimum
economies in utilisation of resources and these records shall also provide
necessary data which is required to be furnished under these rules.
Rule - 6. Cost audit.
(1) The category of companies
specified in Rule 3 and the thresholds limits laid down in Rule 4, shall within
one hundred and eighty days of the commencement of every financial year,
appoint a cost auditor:
[Provided that before such
appointment is made, the written consent of the cost auditor to such
apportionment, and a certificate from him or it has provided in sub-rule (1-A),
shall be obtained.]
[(1-A) The cost auditor
appointed under sub-rule (1) shall submit a certificate that.
(a) the individual or the firm,
as the case may be, is eligible for appointment and is not disqualified for
appointment under the Act, the Cost and Works Accountants Act, 1959 (23 of
1959) and the rules or regulations made thereunder;
(b) the individual or the firm,
as the case may be, satisfies the criteria provided in Section 141 of the Act,
so far as may be applicable;
(c) the proposed appointment is
within the limits laid down by or under the authority of the Act; and
(d) the list of proceedings
against the cost auditor or audit firm or any partner of the audit firm pending
with respect to professional matters of conduct, as disclosed in the
certificate, is true and correct.]
(2) Every company referred to
in sub-rule (1) shall inform the cost auditor concerned of his or its
appointment as such and file a notice of such appointment with the Central
Government within a period of thirty days of the Board meeting in which such
appointment is made or within a period of one hundred and eighty days of the
commencement of the financial year, whichever is earlier, through electronic
mode, in Form CRA-2, along with the fee as specified in Companies (Registration
Offices and Fees) Rules, 2014.
(3) Every cost auditor
appointed as such shall continue in such capacity till the expiry of one
hundred and eighty days from the closure of the financial year or till he
submits the cost audit report, for the financial year for which he has been
appointed:
[Provided that the cost
auditor appointed under these rules may be removed from his office before the
expiry of his term, through a board resolution after giving a reasonable
opportunity of being heard to the Cost Auditor and recording the reasons for
such removal in writing:
Provided further that the
Form CRA-2 to be filed with the Central Government for intimating appointment
of another cost auditor shall enclose the relevant Board Resolution to the
effect:
Provided also that nothing
contained in this sub-rule shall prejudice the right of the cost auditor to
resign from such office of the company.]
[(3-A) Any casual vacancy
in the office of a cost auditor, whether due to resignation, death or removal,
shall be filled by the Board of Directors within thirty days of occurrence of
such vacancy and the company shall inform the Central Government in Form CRA-2
within thirty days of such appointment of cost auditor.]
[(3-B) The cost statements,
including other statements to be annexed to the cost audit report, shall be
approved by the Board of Directors before they are signed on behalf of the
Board by any of the director authorised by the Board, for submission to the
cost auditor to report thereon.]
(4) Every cost auditor, who
conducts an audit of the cost records of a company, shall submit the cost audit
report along with his or its reservations or qualifications or observations or
suggestions, if any, in Form CRA-3.
(5) [Every cost auditor shall
forward his duly signed report to the Board of Directors of the company within
a period of one hundred and eighty days from the closure of the financial year
to which the report relates and the Board of Directors shall consider and
examine such report, particularly any reservation or qualification contained
therein.]
(6) [Every company covered
under these rules shall, within a period of thirty days from the date of
receipt of a copy of the cost audit report, furnish the Central Government with
such report along with full information and explanation on every reservation or
qualification contained therein, in Form CRA-4 in Extensible Business Reporting
Language format in the manner as specified in the Companies (Filing of
Documents and Forms in Extensible Business Reporting Language) Rules, 2015
along with fees specified in the Companies (Registration Offices and Fees)
Rules, 2014.]
(7) The provisions of
sub-section (12) of Section 143 of the Act and the relevant rules made
thereunder shall apply mutatis mutandis to a cost auditor during performance of
his functions under Section 148 of the Act and these rules.
Rule - 7. Rules not to apply in certain cases.
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