Legal Provisions relating to final Accounts5th May 2021 1 By indiafreenotes
As per section 5(b): ‘Banking’ means the accepting for the purpose of lending or investment of deposits of money from public, repayable on demand or otherwise and withdrawable by cheque, draft, order or there wise.
- As per section 5(d): ‘Company’ means any company defined in section 3 of the company’s act, 1956 and includes a foreign company within meaning of section 591 of that Act.
- As per section 5(c): Banking Company means any company which transacts the business of banking in India.
Section 210 of the Companies Act governs the preparation of final account of a Company. The Board of Directors of a Company must, within 18 month from the date of incorporation, and subsequently once a year, lay take the company in general meeting the Balance Sheet of the Company and a Profit and Loss Account.
In case of non-profit Companies, an Income and expenditure Account should be submitted. The period to which the account relates is called a Financial Year of the Company. It may be less or more of a calendar year but must not exceed 15 months. It may also be extended to 18 months provided the Register has granted special permission.
The Profit and Loss Account or Income and Expenditure Account the relate, in the case of the first Annual General Meeting of the Company, in a period from the date of a incorporation to a day which shall not precede the day of the meeting by more than nine months.
And in case of any subsequent Annual General Meeting, the period runs from the date of the previous accounts to a date not more than six months prior to the date of meeting.
Section 211 prescribes the form of Balance Sheet and contents of Profit and Loss Account. Every Balance Sheet of Company shall give a true and fair view of the state of affairs of the Company as at the end of the financial year.
It shall also be in the form set out in part 1 of Schedule VI, or in such other form as may be approved by the Central Government [211 (1)].
Provided that nothing contained in this sub-section shall apply to any Insurance or Banking Company or any Company engaged in the generation of supply of electricity or to any other class of Company for which a form of Balance Sheet been specified in or under the Act governing such class of Company.
Every Profit and Loss Account of a Company shall give a true and, fair view of the profit and loss the Company for the financial year. It shall also comply with the requirements of part II of Schedule VI, so far as they are applicable thereto [Sec. 211 (2)].
This requirement does not apply to any Insurance or Banking Company or any Company engaged in the generation of supply of electricity, or any other class of company for which a form of Profit and Loss Account has been specified in or under the Act governing such class of Company.
Every Balance Sheet and every Profit and Loss Account of a Company shall be duly signed on behalf of the Board of Directors by the Manager or Secretary, if any, and by not less than two Directors of the Company.
One of the Directors who sign shall be a Managing Director where there is one. The Balance Sheet and Profit and Loss Account must be approved by the Board before they are submitted to the auditors who must in turn attach their report thereto.
The Profit and Loss Account shall be annexed to the Balance Sheet and the auditor’s report shall be attached thereto. If there is any separate, special supplementary report by the auditor, it shall also be attached to the Balance Sheet.
If any person, being a Director of a Company, fails to take all reasonable step to company with the previsions, he shall, in respect of each offence, be punishable with imprisonment for a term which may extend to six months, or with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 1,000 or with both.
However, the punishment of imprisonment is given only when the offence is committed willfully.
Profit and Loss Account:
The Indian Companies Act is silent as to the form of Profit and Loss Account. But part II of Schedule VI contains a list of items of incomes and expenditure which should be included in the Profit and Loss Account.
The profit and Loss Account of a Company should give a true and fair view of the profit or loss of the Company for the financial year. The first account covers the period since the incorporation of the Company, and subsequent accounts cover the period since the date of the preceding account.
An Income and Expenditure Account takes the place of Profit and Loss Account in the case of a Company not trading for profit.
Profit and Loss Account shall be so made out as to clearly disclose the result of the working of the Company during the period covered by the account and shall disclose every material feature including credits or receipts and debits or expenses in respect of non-recurring expenditure or expenditure of an exceptional nature. It shall set out the various items relating to the income and expenditure of the Company under the most convenient heads and in particular shall disclose the following information in respect of the accounting period.
The Profit and Loss Account must be prepared with the directions given in part II Schedule VI of the Act. The important provisions are given below:
- (a) The turnover, that is, the aggregate amount for which sales are effected by the Company, giving the amount of sales in respect of each class of goods dealt with by the Company, and indicating the quantities of such sales for each class Separately.
(b) Commission paid to sole selling agent within the meaning of section 294 of the Act
(c) Commission paid to other selling agents.
(d) Brokerage and discount on sales other than sales trade discount.
- (a) In the case of manufacturing concerns, the purchase of raw material including consumption and the opening and closing stocks of the good produced indicating the quantity produced.
(b) In the case of trading concerns the purchases made and the opening and the Closing stocks.
(c) In the case of Companies rendering or supplying services, the gross income derived from service rendered or supplied.
(d) In the case of Company which falls under more than one of the categories mentioned in (a), (b) and (c) above, it shall be sufficient compliance with the requirements herein if the total amounts are shown in respect of the opening and closing stocks, purchases, sales up and the gross income from services rendered is shown.
(e) In the case of other Companies, the gross income derived under different heads.
- In the case of all concerns having work-in-progress, the amounts for which (such works have been completed) at the commencement and at the end of the accounting period.
- The amount provided for depreciation, renewals or diminution in value of fixed assets. If such provision is not made by means of a depreciation charge, the method adopted for making such provision.
If not provision is made for depreciation, the fact that no provision has been made shall be stated and the quantum of arrears of depreciation computed in accordance with Section 205 (2) of the Act shall be disclosed by way of a note.
The amount of interest on the Company’s debentures and other fixed loans, that is to say loans for fixed periods stating separately the amount of interest if any, paid or payable to the Managing Director, and the Manager, if any.
The amount of charge for Indian Income-tax and other Indian taxation on profit and distinguishing them.
The amount reserved for:
(a) Repayment of share capital and
(b) Repayment of loans.
(a) The aggregate, if material, of any amounts set aside or proposed to be set aside to reserves but not including provisions made to meet any specific liability, contingency or commitment known to exist at the date of the Balance Sheet.
(b) The aggregate, if material, of any amount withdraws from such reserves.
(a) The aggregate, if material of the amounts set aside to provisions made for meeting specific liabilities, contingencies or commitments.
(c) The aggregate, if material, of the amounts withdrawn from such provisions, as no longer required.
Expenditure incurred on each of the following items separately for each item:
(a) Consumption of stores and spare parts.
(b) Power and fuel.
(d) Repairs to Buildings.
(e) Repairs to Machinery.
(f) (i) Salaries, Wages and Bonus.
(ii) Contribution to provident and other funds.
(iii) Workmen and staff welfare expenses to the extent not adjusted from any previous provision or reserve.
(h) Rates and taxes including taxes on income.
(i) Miscellaneous expenses.
Provided that any item under which the expenses exceed 1% of the total revenue of the Company or Rs. 5,000, whichever is higher, shall be shown as a separate and distinct item against an appropriate account head in the Profit and Loss Account and shall not be combined with any other items to be shown under Miscellaneous Expenses.
(a) The amount of income from investments, distinguishing between trade Investments.
(b) Other income by way of interest, specifying the nature of the income.
(c) The amount of income tax deducted if the gross income is stated under subparagraphs (a) and (b) above.
(a) Profit and losses on investments (showing distinctly the extent of the profits or losses earned or incurred on account of membership of a partnership firm) to the extent not adjusted from any previous provision or reserve.
(b) Profit and losses in respect of transactions of a kind not usually undertaken by the Company or undertaken in circumstances of an exceptional or non-recurring if material in amount.
(c) Miscellaneous income.
(a) Dividends from Subsidiary Companies.
(b) Provisions for losses of Subsidiary Companies.
The aggregate amount of dividends paid and proposed, and stating whether such amounts are subject to deduction of income tax or not.
Amount, if material, by which any items shown in the Profit and Loss Account is affected by any change in the basis of accounting. The Profit and Loss Account shall contain by way of a note detailed information showing separately the following payments provided or made during the financial year to the Directors (including Managing Directors) the Managing Agents, Secretaries and Treasurers or Manager, if any, by the Company.
The subsidiaries the Company, the subsidiaries of the Company of any other person:
Managerial remuneration under Section 198 of the Act paid or payable during the financial year.
Expenses reimbursed to the Managing Agent under Section 345.
Commission or other remuneration payable separately to a Managing Agent or his associate under Section 356,357 and 358.
Commission received or receivable under Section 356 by the Managing Agent or his associate as selling agent of other concerns in respect of contracts entered into by such concerns with the Company.
The money value of the contracts for the sale or purchase of goods and materials or supply of services, entered into by the Company with the Managing Agent or his associate under Section 360 during the financial year.
Other allowances and commission including guarantee commission. Any other perquisites or benefits in cash or in kind stating the money value where practicable.
Pensions, gratuities, payments from provident funds in excess of own subscription and interest thereon, compensation for loss of office, consideration in connection with retirement from office.
The Profit and Loss Account shall contain or give by way of a note a statement showing the computation of net profits in accordance with Section 340 of the Act with the relevant details of the calculation of the commission’s payable by way of percentage of such profits to the directors including Managing Directors or Managers, if any.
The Profit and Loss Account also contains by way of note detailed information in regard to amounts paid to the auditors whether as fees, expenses or otherwise for services rendered as auditor and in any other capacity.
(VIII) Special points to be remembered while preparing Balance Sheet:
It refers to the amount not paid by the shareholders on the calls made on them by the company. This item is usually given in the trial balance. It should be deducted from the called up the liabilities side of the Balance Sheet to find paid up capital.
If the Trial balance shows only the paid up capital and the call-in-arrears is given in the adjustment, the amount is first added to the paid up capital to show the called up capital and then deducted against so that the paid up capital can be shown in the outer column.
- Unclaimed dividend:
It refers to the amount of dividend not collected by the shareholders from the company. This item is always shown on the credit side of Trial Balance. It is shown on the liabilities side of the Balance Sheet under the heading “Current Liabilities”.
- Forfeited shares account:
This item appears as a credit item in the Trial Balance and is shown on the liabilities side of the Balance sheet by adding it to the paid up capital.
- Securities premium account:
This item is shown on the liabilities side of the Balance Sheet under the heading “Reserves and Surplus”.