Section 294: Audit of Company Liquidator's accounts

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
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Legal Commentary & Landmark Judgments: Section 294

Section 294 of the Companies Act, 2013 prescribes the mandatory semi-annual audit of the Company Liquidator's accounts of receipts and payments, requiring verified filing before the Tribunal and Registrar and providing for public inspection.

  • Semi-Annual Account Submission: The Company Liquidator must, at least twice in each year during his tenure, present to the Tribunal an account of his receipts and payments as liquidator, prepared in duplicate and verified by a statutory declaration.
  • Independent Audit by Appointed Auditors: The Tribunal causes the accounts to be audited by an auditor appointed by it, and the liquidator must furnish all vouchers, bank books, records, and information required by the auditor.
  • Filing with Registrar and Public Availability: Following audit, one copy of the audited account is filed with the Tribunal and the duplicate copy is filed with the Registrar for public inspection, with audited summaries transmitted to creditors and contributories.
Key Landmark Precedents:
  • Official Liquidator v. U.P. State Industrial Development Corp., 1996 SCC OnLine All 897: The Allahabad High Court held that the periodic audit of the liquidator's accounts is a mandatory statutory safeguard ensuring total fiscal accountability and tracing of liquidation recoveries.
  • Re: Goas Ltd., [1937] 1 All ER 502: The court held that where audit reveals unjustified expenditures, improper professional retentions, or unauthorized interest distributions, the company court will surcharge the liquidator for restitution to the fund.
Courtroom Practice & Strategic Litigation Guidance:

The liquidator must reconcile all bank accounts maintained in the Public Account of India or authorized schedule banks every month. Upon preparing the biannual receipts and payments account, counsel should file an application before the NCLT for the appointment of an independent chartered accountant to conduct the Section 294 statutory audit, securing formal judicial discharge for the audited period.