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Rule 3

Application of cost records

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:-

(A)
Regulated Sectors
Notes, amendments & references (108)

SL. No. Industry/ Sector/ Product/ Service Customs Tariff Act Heading Central Excise Tariff Act Heading (substituted vide Companies (cost records and audit) Second Amendment Rules, 2017 effective from 01.07.2017)

(wherever applicable)

1 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, 7997 (24 of 1997); including activities that requires authorization or license issued by the Department of Telecommunications, Government of India under Indian Telegraph Act, 1885 (13 of 1885); Not applicable

2 Generation, transmission, distribution and supply of electricity

regulated by the relevant regulatory body or authority under the

Electricity Act, 2003 (36 of 2003); Generation-27t6; Other Activity-Not Applicable

3 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); 2709 to 27L5; Other Activity-Not Applicable

4 Drugs and pharmaceuticals; 2901 to 2942; 3001to 3006.

5 Fertilizers; 3102 to 3105

6 Sugar and industrial alcohol; 1701; 1703; 2207.

(B) Non-regulated Sectors

SL. No. Industry/ sector/ Product/ Service Customs Tariff Act Heading Central Excise Tariff Act Heading (substituted vide Companies (cost records and audit) Second Amendment Rules, 2017 effective from 01.07.2017)

1 Machinery and mechanical appliances used in defense, 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 8401; 8801 to 8805;8901 to 8908.

2 Turbo jets and turbo propellers; 8411

3 Arms, ammunitions and Explosives 3601 to 3603; 9301 to 9306

4 Propellant powders; prepared explosives (other than

propellant powders); safety fuses; detonating fuses;

percussion or detonating caps; igniters; electric

detonators; 3601 to 3603

5 Radar apparatus, radio navigational aid apparatus

and radio remote control apparatus; 8526

6 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; 8710

7 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 services rendered for a Port in relation to a vessel or goods regulated by the Tariff Authority for Major Ports under the Major Port trusts Act, 1963 (38 of 1963); (substituted vide Companies (Cost Records and Audit) Amendment Rules, 2018 dated 03.12.2018) Not applicable

8 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 at the Airports ; (substituted vide Companies (Cost Records and Audit) Amendment Rules, 2018 dated 03.12.2018) Economic Regulatory Authority under the Airports Economic Regulatory Authority of India Act,2008 (27 of 2008); Not applicable

9 lron and Steel; 7201 to 7229; 73O7 to 7326

10 Roads and other infrastructure projects corresponding to para No. (1) (a) as specified in Schedule Vl of the Companies Act, 2013 (18 of 2013); Not applicable.

11 Rubber and allied products; including products

regulated by the Rubber Board constituted under the

Rubber Act, 1.947 (XX|V of 1947); 4001 to 4017

12 Coffee and tea; 0901 to 0902

13 Railway or tramway locomotives, rolling stock,

railway or tramway fixtures and fittings, mechanical

(including electro mechanical) traffic signalling

equipment's of all kind; 8601 to 8608, 8609 (inserted vide Companies (Cost Records and Audit) Amendment Rules, 2018 dated 03.12.2018)

14 Cement; 2523; 6811 to 5812

15 Ores and Mineral products; 2502 to 2522; 2524 to 2526;

2528 to 2530; 2601. to 2617

16 Mineral fuels (other than petroleum), mineral oils etc; 2707 to 2708

17 Base metals; 7401 to 7403 ;7405 to 7473;

7419;7507 to 7508; 7601 to

7674; 7801 to 7802; 1804;

7806; 7901, to 7905; 7907;

8001; 8003; 8007; 8101 to

8113

18 Inorganic chemicals, organic or inorganic compounds

of precious metals, rare-earth metals of radioactive

elements or isotopes, and organic chemicals; 2801 to 2853; 2901. to 2942;

3801 to 3807; 3402 to 3403;

3809 to 3824.

19 Jute and Jute Products; 5303, 5307 (inserted vide Companies (Cost Records and Audit) Amendment Rules, 2018 dated 03.12.2018) , 5310

20 Edible Oil; 1507 to 1518

21 Construction Industry as per para No. (5) (a) as

specified in Schedule Vt of the Companies Act, 2013

(18 of 2013); Not applicable.

22 Health services, namely functioning as or running

hospitals, diagnostic centres, clinical centres or test

laboratories; Not applicable.

23 Education services, other than such similar services

falling under philanthropy or as part of social spend

which do not form part of any business; Not applicable.

24 Milk powder; 0402

25 Insecticides; 3808

26 Plastics and polymers; 3901 to 3914; 3916 to 3921;

3925

27 Tyres and tubes; 4011 to 4013

28 Paper; Pulp and Paper (substituted vide Companies (Cost Records and Audit) Amendment Rules, 2018 dated 03.12.2018) 4701 to 4704 (inserted vide Companies (Cost Records and Audit) Amendment Rules, 2018 dated 03.12.2018) , 4801 to 4802

29 Textiles; 5004 to 5007; 5106 to 5113;

52OS to 521,2; 5303; 5307 (inserted vide Companies (Cost Records and Audit) Amendment Rules, 2018 dated 03.12.2018) 5310;

5401 to 5408;5501 to 5516

30 Glass; 7003 to 7008j 7017;7076

31 Other machinery and Mechanical Appliances; 8402 to 8487

32 Electricals or electronic machinery; 8501 to 8507:8511 to 8512:

8514 to 8515; 8517; 8525 to

8536: 8538 to 8547.

33 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 defibrillators (substituted vide Companies (Cost Records and Audit) Amendment Rules, 2018 dated 03.12.2018) ;

(xiv) Pacemaker (temporary and permanent);

(xv) Patent ductus arteriosus, atrial septal defect and

ventricular 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: 9018 to 9022

Provide 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)

3. Application of Cost Records.- Substituted vide Companies (Cost Records and Audit) Amendment Rules,2014. To view the notification, Click Here

Substituted vide Companies (cost records and audit) Amendment Rules, 2016 and Companies (cost records and audit) Second Amendment Rules, 2017 dated 20.12.2017(effective from 01.07.2017). To view the notification, Click Here