The Companies Act, 2013

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

Chapter: IX · Accounts of Companies
Amendments: 3
Last changed: 9 February 2018

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

(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.

130. Re-opening of accounts on court’s or Tribunal’s orders.—(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.]

Amendments to this section