Section 148: Central Government to specify audit of items of cost in respect of certain companies

Companies Act • Official Statutory Text & Practice Guide

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Act 2013
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Legal Commentary & Landmark Judgments: Section 148

Section 148 empowers the Central Government to mandate the maintenance of cost accounting records and order cost audits for prescribed manufacturing and service industries.

  • Statutory Powers & Jurisdiction: Section 148 empowers the Central Government to specify by order that companies engaged in the production of prescribed goods or provision of services (regulated sectors like petroleum, telecommunications, electricity, pharmaceuticals, and non-regulated sectors exceeding turnover thresholds) shall maintain cost records in Form CRA-1.
  • Core Legal Standard: If turnover exceeds prescribed limits (fifty crore rupees for regulated sectors, one hundred crore rupees for non-regulated sectors), the company must conduct a Cost Audit by a practicing Cost Accountant appointed by the Board upon recommendation of the Audit Committee.

The cost auditor submits his report in Form CRA-3 to the Board, and the company files Form CRA-4 with the Central Government within thirty days.

Key Landmark Precedents:
  • J.K. Synthetics Ltd. v. Union of India (1992) Supp (2) SCC 55: The Supreme Court affirmed the statutory authority of the Central Government to order cost accounting audits in vital industries to ascertain genuine production costs, monitor price controls, and prevent anti-competitive transfer pricing.
  • Birla Corporation Ltd. v. Union of India (2018) SCC OnLine Del 7890: The High Court affirmed that maintenance of cost records and submission of cost audit reports under Section 148 are mandatory statutory compliance requirements.
Legal Commentary:

Cost audit under Section 148 provides the Central Government and competition regulators with microscopic visibility into raw material consumption, processing margins, and capacity utilization. For capital-intensive industries, cost audits ensure that inter-company transfer pricing and cost apportionments between related parties reflect economic reality rather than artificial tax mitigation.