Facts of the Case

This is a company-liquidation matter under the Companies Act, 1956, not a GST case. The Official Liquidator attached to the High Court filed this Company Application under Sections 462 and 551 of the Companies Act, 1956, read with Rules 298 and 306 of the Companies (Court) Rules, 1959, seeking the Court's permission to take on record the half-yearly accounts of a company in liquidation for the period 01.10.2023 to 31.03.2024, along with the Independent Auditor's Report dated 30.01.2026 submitted by the appointed Chartered Accountants, and to make payment of the auditor's fee of Rs. 500/- plus applicable GST.

The application also sought exemption from separately filing annual/final accounts for financial year 2023-24 under Section 551 of the Companies Act, since the two half-yearly accounts already filed for that year together constituted the annual accounts.

Issues Involved

  1. Whether the half-yearly accounts and Auditor's Report could be taken on record.
  2. Whether the Official Liquidator could be permitted to pay the auditor's fee (inclusive of GST) and be exempted from separately filing annual accounts for the year already covered by the two half-yearly filings.

Petitioner's (Applicant's) Arguments

  • The half-yearly accounts for 01.10.2023 to 31.03.2024, duly audited pursuant to the Court's earlier order dated 04.07.2024 in C.A. No. 43 of 2024, be taken on record, and the auditor's fee of Rs. 500/- plus GST be permitted to be paid.
  • Since the half-yearly accounts for both halves of financial year 2023-24 had already been filed, the annual accounts for that year — being nothing but a combination of those two half-yearly statements — should be exempted from separate filing under Section 551.

Respondent's Arguments

  • There being no respondent contesting the application, no opposing arguments are recorded.

Court Order / Findings

  • On perusal of the Auditor's Report, the Court noted there was no adverse comment or observation on the statement of accounts of the company in liquidation.
  • The half-yearly accounts and Auditor's Report were accordingly taken on record, and the company was exempted from separately filing annual accounts for financial year 2023-24 under Section 551 of the Companies Act, 1956.
  • The Company Application was allowed as prayed for, with no order as to costs — which necessarily includes the Court's permission for payment of the Rs. 500/- audit fee plus GST.

Important Clarification

The GST component here is simply the tax payable on a small professional (audit) fee — the order does not analyse or decide any question of GST law, rate, or applicability. This is a routine company-liquidation accounts filing, included here only because a GST reference appears in the relief sought.

Sections Involved

  • Sections 462 and 551 of the Companies Act, 1956
  • Rules 298 and 306 of the Companies (Court) Rules, 1959

Decision – In Favour of

Decided in favour of the applicant (Official Liquidator) — the accounts were taken on record and the application was allowed as prayed, with no GST-law question involved.

Case Details

Court: High Court of Andhra Pradesh at Amaravati
Case No.: Company Application No. 90 of 2026
Coram: Hon'ble Smt. Justice V. Sujatha
Date of Order: 10.04.2026

Link to Download the Order

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