Section 62 of the Income Tax Act, 2025 requires persons carrying on business or profession to maintain books of account. However, determining where these books must be kept can be complex, especially for businesses and professionals with multiple locations. Understanding these rules is essential for compliance.
The General Rule
Place of Maintenance
The books of account and other documents shall be kept and maintained at:
Single Location: The place where the person is carrying on the business or profession
Multiple Locations: Where the business or profession is carried on in more places than one, at the principal place of business or profession
Separate Books: If the person keeps and maintains separate books of account in respect of each place where the business or profession is carried on, such books of account and other documents may be kept and maintained at the respective places
Multi-Location Practice Rules
Principal Place of Business
For multi-location practices, the books of account must be kept at the principal place of business or profession. The principal place is typically:
- The head office or main office
- The location where the business is centrally managed
- The place where the owner or key management is based
Separate Books for Each Location
If separate books are maintained for each location:
- Books for each location may be kept at that location
- This provides flexibility for businesses with multiple branches
Centralised Record Keeping
Businesses may choose to centralise record keeping:
- Books may be kept at a central location
- This is common for businesses with a head office
- The central location must be the principal place of business
Electronic Books of Account
Accessibility
Books maintained in electronic mode must remain accessible in India at all times. This means:
- The records must be accessible from anywhere in India
- The assessee must be able to produce the records when required
Backup
Backup of books maintained in electronic mode must be kept on a daily basis in servers physically located in India.
Location Independence
Electronic books provide location independence:
- Records can be accessed from any location
- Physical location of records is less relevant
- However, the backup requirement ensures data security
Special Considerations
Multi-Location Practices
For professionals with multiple practice locations:
- Books for each location may be kept at that location
- Alternatively, all books may be kept at the principal place
- The choice depends on the nature and size of the practice
Branch Offices
For businesses with branch offices:
- Books for each branch may be kept at that branch
- Consolidation may be done at the head office
- The principal place of business is typically the head office
Franchise Operations
For franchise operations:
- Each franchisee may maintain separate books
- The franchisor may maintain consolidated books
- The location of books depends on the arrangement
Consequences of Non-Compliance
Penalty
Failure to keep books at the prescribed place may attract penalty under the Act.
Disallowance of Expenditure
In the absence of proper books at the prescribed place, expenditure may be disallowed.
Best Judgment Assessment
In the absence of proper books, the Assessing Officer may make a best judgment assessment.
Expert Legal Guidance
Understanding where books of account must be kept is essential for tax compliance. Anuj Desai & Associates provides expert advisory services on Direct Tax Code compliance, helping businesses and professionals determine the appropriate place for maintaining books of account.