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Microlesson · 5-min read

Books of Account — meaning, FY definition, and place of maintenance (Section 128)

# Books of Account — Section 128

## What Must Be Prepared

Every company shall prepare, for every Financial Year (FY):

  • Books of Account (BOA),
  • Other relevant books & papers, and
  • Financial Statements (FS).

## Key Definitions

### Books & Papers

Includes BOA, deeds, vouchers, writings, documents, minutes & registers.

### Books of Account — Records of:

1. Money received and expended and matters relating to such receipt and expenditure;

2. Sales and purchases of goods and services;

3. Assets and liabilities;

4. Items of cost of the company under Section 148 (Cost Audit).

### Financial Statement Includes:

  • Balance Sheet at the end of FY;
  • Profit & Loss Account (for Section 8 companies, replaced by Income & Expenditure Account);
  • Cash Flow Statementexcept for:
  • Private companies (if a startup, and not in default under Sections 92 & 137),
  • OPC (One Person Company),
  • Small Companies,
  • Dormant Companies;
  • Statement of Changes in Equity;
  • Explanatory Notes annexed to the above.

### Financial Year (FY)

  • Default: Period ending on 31st March of the year.
  • Carve-out for new incorporations: If the company is incorporated on or after 1st January of a year, the first FY ends on 31st March of the following year.
  • CG may allow a different period as FY for a company / body corporate which is a holding, subsidiary, or associate of a foreign company and is required to follow a different FY for consolidation outside India.

## Quality Standards for BOA

BOA shall:

  • Give a true and fair view of the state of affairs of the company and its branches,
  • Explain transactions at registered office and branches,
  • Be kept on the accrual basis and double-entry system.

## Where to Keep BOA — Place of Maintenance

### Default Place

Registered office of the company.

### Alternative Place

Any other place in India that the BOD decides — but the company must file Form AOC-5 with ROC within 7 days of such decision, giving the full address.

### Branch Offices

If the company has a branch (in or outside India), the section is deemed complied with if:

  • Proper BOA of the branch is kept at that branch, AND
  • Proper summarised returns are sent to the company's registered office (or alternate place) on a periodical basis.
  • If BOA are maintained outside India, summarised returns must be sent at quarterly intervals.

Worked example

### Example 1

Example (FY for new company — pre-1 Jan): XYZ Ltd. was incorporated on 10th August 2024. Its first FY ends on 31st March 2025 — the default rule applies.

### Example 2

Example (FY for new company — post-1 Jan): ABC Ltd. was incorporated on 1st January 2025. Because incorporation falls on/after 1st January, the first FY ends on 31st March 2026 (i.e., 31st March of the following year).

### Example 3

Example (Alternate place): B Ltd., having registered office in a remote area, wishes to maintain its BOA at its Mumbai office for convenience. The BOD passes a resolution to this effect and files Form AOC-5 with ROC within 7 days, mentioning the full Mumbai address.

### Example 4

Example (Foreign branch): A Ltd. has a branch office in Singapore. The Singapore branch keeps its own BOA in Singapore and sends summarised returns to the Indian registered office every quarter.

⚠️ Common exam mistakes

  • Computing FY for newly incorporated companies wrongly — the cut-off is 1st January, not 31st March or any other date.
  • Thinking BOA may be kept anywhere in the world — they must be in India, with electronic backups in Indian servers.
  • Forgetting to file Form AOC-5 within 7 days of the BOD resolution choosing an alternate place.
  • Missing that Cash Flow Statement exemption is conditional for private companies (must be a startup AND not in default u/s 92 & 137).
Bare-Act text Section 128 · Companies Act, 2013 · click to expand
Company shall prepare Books of Account (BOA), other relevant books & papers and FS for every FY. Such Books of Accounts shall: Give a true & fair view of state of affairs of company & branch office, Explain transactions effected at registered office & branches, and Be kept on accrual basis and as per double entry system of accounting. FY means period ending on 31st March of the year [If company is incorporated on or after 1st January of a year, then period ending on 31st March of the following year]. Company shall prepare & keep BOA, other relevant books & papers and FS at: Registered office of company, or Other place in India as BOD decides [Notice in Form AOC-5 shall be filed with ROC within 7 days of such decision along with full address of such place]. For branch office (in or outside India), it is deemed as compliance if: Proper BOA of branch office is kept at that office, and Proper summarised returns are sent by branch to company at registered office/other place on periodical basis [If BOA are maintained outside India, summarised returns shall be sent at quarterly intervals].
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