2022 (11) TMI 1453 - Tri - Companies Law

Section 131 application approved for revision of financial statements for FY 2018-2019 after compliance verification

M/s. Premier Looms Manufacturers Pvt. Ltd. Versus Secretary, Ministry of Corporate Affairs, New Delhi and Registrar of Companies, Gujarat

The NCLT Ahmedabad allowed an application under Section 131 of the Companies Act, 2013 for revision of financial statements for FY 2018-2019. The ... Seeking revision of the Financial Statement of the Company for the F. Y. 2018-2019 and to file the same with the Registrar of Companies, Gujarat at Ahmedabad - Section 131 of the Companies Act, 2013 - HELD THAT:- It is noted that the Applicant has proposed the rectification in the Financial Statement ending as at 31.03.2019. which has been proposed to be rectified by revised financial tax audit report prepared and issued by M/s Rakesh Choksi and Company, Chartered Accountant on 10.09.2020. The same has been duly approved by the Board of the Company on 10.09.2020. It is noted that notices have been issued to the Regional Director, the Registrar of Company and the Income Tax Department and the observations of Regional Director has been duly replied by the Applicant Company. It is also noted that there are no pending dues of Income Tax Department with respect of the Applicant Company. Hence, the present Application is complied with sub-section 1 and 2 of Section 131 of Companies Act, 2013. Application allowed. Issues:1. Application for revision of financial statement under Section 131 of the Companies Act, 2013.2. Errors and ambiguities in the original financial statements.3. Observations by the Regional Director regarding non-compliance with certain provisions of the Companies Act, 2013.4. Compliance with the requirements of Section 131 of the Companies Act, 2013.Analysis:1. The application was filed for the revision of the financial statement of the Company for the financial year 2018-2019 under Section 131 of the Companies Act, 2013. The Company had rectified errors in the original financial statements, such as misclassification of fixed assets sales, incorrect depreciation calculations, and other adjustments that led to an understatement of losses and assets. The revised financial statement was prepared and approved by the Board of the Company, prompting the application before the Tribunal.2. The Applicant Company addressed the errors and ambiguities in the original financial statements, including misclassification of fixed asset sales, incorrect depreciation rates, undisclosed losses, and omissions in purchase accounts. The revised financial statement aimed to rectify these discrepancies and present a more accurate financial position. The Tribunal directed the Company to serve notices to relevant authorities and published hearing notices in newspapers to ensure transparency and compliance.3. The Regional Director highlighted several observations regarding non-compliance by the Applicant Company with certain provisions of the Companies Act, 2013. These observations included missing cash flow statements, failure to file returns, discrepancies in long-term borrowings, and non-filing of required forms. The Applicant Company responded to each observation, clarifying reasons for non-compliance and undertaking to rectify the issues.4. After considering the submissions and perusing the material on record, the Tribunal found that the Applicant Company had complied with the requirements of Section 131 of the Companies Act, 2013. The Tribunal noted that there were no pending dues with the Income Tax Department against the Applicant Company. Consequently, the Tribunal allowed the application for revision of the financial statement, directing the filing of the revised statement with the Registrar of Companies within 30 days. The Tribunal emphasized that non-compliance with other matters not related to the application would not be affected by this order.Overall, the Tribunal allowed the application, ensuring the rectification of errors in the financial statement for the specified financial year and emphasizing compliance with legal provisions while addressing observations raised by the Regional Director.