Cos 130 — Re-opening of accounts on court’s or Tribunal’s orders

Companies Act, 2013

Statutory 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

[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

[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.

[(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.]

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