BOOKS OF ACCOUNT UNDER THE COMPANY

ACT,2013
The Financial Statements of a company is most important document until recent past, when non
financial reporting started to gain its momentum. This is a reporting of growth in business in
monetary units.
BOOK OF ACCOUNTS (SECTION 128):
Every company shall prepare and keep at its registered office books of accounts and other relevant
books and papers and financial statement for every financial year. These books must give a true and
fair view of the state of affairs of the company and its branch offices. These books must explain the
transactions effected both at the registered office and its branches. These books shall be kept on
actual basis and double entry system of accounting.
These books or some of these books may be kept at a place other than registered office at the decision
of the Board of Directors after filing with the Registrar of Companies a notice in writing giving full
address of that place.
This is not necessary to keep these books in physical form but may be kept in electronic mode.
A company may keep proper books of account relating to transactions effected at the branch office
and proper summarised return may be sent by the branch office to the registered office of the
company.
These books and papers maintained by the company within India shall be open for inspection by any
director during business hours. In case of financial information maintained outside India copies of
such financial information shall be maintained and produced for inspection by any director.
The inspection in respect of any subsidiary of the company shall be done by the person authorised in
this behalf by a resolution of the Board of Directors.
Where an inspection is made by a Director or authorised person, the officers and employees of the
company shall give all assistance in connection with the inspection which the company may
reasonably be expected to give.

The books of accounts of every company together with the vouchers relevant to any any entry in such
books of account shall be kept in good order for a period of not less than eight financial year. Where
an investigation has been ordered in respect of the company, the Central Government may direct
that the books of account may be kept for such longer period as it may deem fit.
If the managing director, the whole-time director in charge of finance, the Chief Financial Officer or
any other person of a company charged by the Board with the duty of complying with the provisions
of this section, contravenes such provisions, such managing director, whole-time director in charge
of finance, Chief Financial officer or such other person of the company shall be punishable with
imprisonment for a term which may extend to one year or with fine which shall not be less than fifty
thousand rupees but which may extend to five lakh rupees or with both.
FINANCIAL STATEMENT (SECTION 129):

The Financial Statements shall give a true and fair view of the state of affairs of the company or
companies comply with the accounting standards notified and shall be in the form or forms as may
be provided in Schedule III.

The items contained in financial shall be in accordance with accounting standard.

Where the financial statement of a company do not comply with the accounting standards, the
company shall disclose in its financial statement, the deviation from the accounting standards, the
reason for such deviation and the financial effects, if any, arising out of such deviation.

The Central Government, on its own or on an application by a class or classes of companies, may
exempt in public interest any class or classes of companies from complying with any requirement of
this section. Such exemption may be subject to such conditions as may be specified in the exemption
notification.

This Section 129 shall not apply to any insurance, banking, electricity and of such other class of
companies.

At every Annual General Meeting of a company, the Board of Directors, of the company shall lay
before the meeting financial statements for the financial year.

Where a company has any subsidiary, the company shall prepare a consolidated financial statement
of the company and of all subsidiaries in the same form and manner as that of its own. The
consolidated financial statement shall also be laid before the annual general meeting along with own
financial statement.

The company shall also attach along with its financial statement, a separate statement containing the
salient features of the financial statement of its subsidiaries.

Under this section, the word subsidiary shall include associate company and joint venture.

If a company contravenes the provisions of this section, the managing director, the whole-time
director in charge of finance, the Chief Financial Officer or any other person charged by the Board
with the duty of complying with the requirements of this section and in the absence of any of the
officers mentioned above, all the directors shall be punishable with imprisonment for a term which
may extend to one year or with fine which shall not be less than fifty thousand rupees but which may
extend to five lakh rupees, or with both.

RE OPENING OF ACCOUNTS (SECTION 130):

A company shall not re open its books of account and shall not re cast its financial statement.

On the application made by the Central Government, the Income tax authorities, the Securities and
Exchange Board of India, any other statutory regulatory body or authority or any person concerned,
a court of competent jurisdiction or the Tribunal may order such re opening or re casting of
books of accounts. The application may be made if;
1.

the relevant accounts were prepared in a fraudulent manner; or

2.

the affairs of the company may mismanaged during the relevant period casting a
doubt on the reliability of financial statements.

The court or Tribunal shall give notice to all these authorities and consider the representations made
by them before passing any order.

VOLUNTARY REVISION OF FINANCIAL STATEMENTS OR BOARDS REPORT

(SECTION 131):

If it appears to the directors of a company that

1.

the financial statement of the company; or

2.

the report of the Board,

do not comply with the provisions of section 129 or section 134 they may prepare revised financial
statement or a revised report in respect of any of the three preceding financial years after obtaining
approval of the Tribunal on an application made by the company. A copy of the order passed by the
Tribunal shall be filed with the Registrar.