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Microlesson · 5-min read

Books of Accounts — Summary (Section 128)

# Books of Account — Key Summary Points (Section 128)

## 1. What Must Be Maintained?

Every company must keep, for every financial year:

  • Books of Account
  • Other relevant books and papers
  • Financial Statements

## 2. Manner of Maintenance

They must:

  • Give a true and fair view of the company's state of affairs.
  • Be maintained on an accrual basis and according to the double-entry system of accounting.
  • Explain the transactions affecting both the registered office and branches.

## 3. Place of Keeping

  • Default location: Registered Office of the company.
  • BOD may decide to keep them at any other place in India, but must file a notice with the Registrar of Companies (ROC) giving the full address.

## 4. Branch Accounts

Where a company has a branch (in or outside India), the branch must keep proper books of account and send summarised returns to the registered office (or other place where books are kept) periodically.

## 5. Preservation Period

Books must be preserved for at least 8 immediately preceding financial years (longer if an investigation has been ordered by the Central Government).

## 6. Penalty for Non-Compliance

  • Imprisonment of the responsible officer: maximum 1 year, OR
  • Fine: Minimum ₹50,000, Maximum ₹5,00,000, OR
  • Both.

Worked example

### Example 1

Example — Place of Books

A company shifts its accounting team to its corporate office in Mumbai, while the registered office is in Pune. Can the books be kept at Mumbai?

Answer: Yes — books may be kept at any place in India that the Board decides, provided a notice in the prescribed form is filed with the ROC within seven days of the Board's decision, giving the full Mumbai address.

⚠️ Common exam mistakes

  • Stating the preservation period as 7 years (Income-tax Act) instead of 8 years (Companies Act).
  • Forgetting the requirement to file a notice with ROC when books are kept somewhere other than the registered office.
  • Overlooking that branch offices must maintain their own proper books and forward summarised returns.
Reference: Section 128 — Companies Act, 2013
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