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Microlesson · 5-min read

Section 129 – Deviation from AS, CG Exemption & Contravention

## Section 129 – Non-Compliance with AS, CG Powers & Penalty

### Where FS Does NOT Comply with AS

The company shall disclose in its FS:

1. The deviation from the AS

2. The reason(s) for such deviation

3. The financial implications arising out of the deviation

### CG Power to Exempt – Section 129(6)

The Central Government (CG) may, on its own or on application by a class of companies, by notification, exempt any class of companies from compliance with any of the requirements of Section 129 or the rules made thereunder, if considered necessary in public interest.

### Penalty for Contravention of Section 129

The following persons are responsible (officers-in-default):

Officer
Managing Director (MD)
Whole-Time Director in charge of Finance (WTD-Finance)
Chief Financial Officer (CFO)
Any other person charged by the Board with the duty of compliance

In the absence of any of the above officers, ALL directors of the company shall be liable.

### Punishment

  • Imprisonment up to 1 year, OR
  • Fine: ₹50,000 to ₹5,00,000, OR
  • Both

### Quick Comparison

SectionPunishment
128 (Books of Account)Fine only ₹50,000 – ₹5,00,000
129 (FS)Imprisonment up to 1 yr OR Fine ₹50,000 – ₹5,00,000 OR Both

Worked example

### Example 1

Q: A company deliberately departs from AS-10 while preparing its FS. What must it disclose?

A: Under Section 129, it must disclose: (a) the deviation from AS-10, (b) the reasons for such deviation, and (c) the financial implications resulting from such deviation.

⚠️ Common exam mistakes

  • Forgetting the 'in the absence of officers, all directors are liable' clause – this is a key exam point.
  • Confusing the Section 128 penalty (fine only) with the Section 129 penalty (imprisonment + fine).
  • Missing the three required disclosures – deviation, reasons, financial implications – when AS is not complied with.
Bare-Act text Section 129(7) · Companies Act, 2013 · click to expand
If a company contravenes the provisions of this section, the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person charged by the Board with the duty of complying with the requirements of this section and in the absence of any of the officers mentioned above, all the directors shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.
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