Companies Act Section 130 — Re-opening of accounts on court’s or Tribunal’s orders
CHAPTER IX ACCOUNTS OF COMPANIES
Commercial / Corporate
Summary
A company is not allowed to reopen its books of account or recast its financial statements on its own. This can only happen if an application is made by the Central Government, the Income-tax authorities, the Securities and Exchange Board, any other statutory regulatory body or authority, or any person concerned, and a court of competent jurisdiction or the Tribunal passes an order to that effect. Such an order can only be made if the relevant earlier accounts were prepared in a fraudulent manner, or if the affairs of the company were mismanaged during the relevant period, casting doubt on the reliability of the financial statements.
Before passing any order under this section, the court or the Tribunal must give notice to the Central Government, the Income-tax authorities, the Securities and Exchange Board, or any other statutory regulatory body or authority concerned, or any other person concerned. The court or Tribunal must also take into consideration any representations made by that Government, authority, Board, body, or person before passing the order.
Sub-section (2) states that, without prejudice to the provisions contained in this Act, the accounts that are revised or recast under sub-section (1) shall be final.
Sub-section (3) states that no order shall be made under sub-section (1) for reopening books of account relating to a period earlier than eight financial years immediately preceding the current financial year. However, if the Central Government has issued a direction under the proviso to sub-section (5) of section 128 for keeping books of account for a period longer than eight years, then the books of account may be ordered to be reopened within that longer period.
Official Text
(1) A company shall not re-open its books of account and not recast its financial statements, unless an application in this regard is made by the Central Government, the Income-tax authorities, the Securities and Exchange Board, any other statutory regulatory body or authority or any person concerned and an order is made by a court of competent jurisdiction or the Tribunal to the effect that—
(i) the relevant earlier accounts were prepared in a fraudulent manner; or
(ii) the affairs of the company were mismanaged during the relevant period, casting a doubt on the reliability of financial statements:
Provided that the court or the Tribunal, as the case may be, shall give notice to the Central Government, the Income-tax authorities, the Securities and Exchange Board or any other statutory regulatory body or authority concerned 1[or any other person concerned] and shall take into consideration the representations, if any, made by that Government or the authorities, Securities and Exchange Board or the body or authority concerned 1[or the other person concerned] before passing any order under this section.
(2) Without prejudice to the provisions contained in this Act the accounts so revised or re-cast under sub-section (1) shall be final. 2[
(3) No order shall be made under sub-section (1) in respect of re-opening of books of account relating to a period earlier than eight financial years immediately preceding the current financial year:
Provided that where a direction has been issued by the Central Government under the proviso to sub-section (5) of section 128 for keeping of books of account for a period longer than eight years, the books of account may be ordered to be re-opened within such longer period.]