12 October 2013
It is not the company responsibility it is the Responsibility of auditor to file Form 23B . . HOwever Company should intimate to auditor about his appointment in AGM with in 7 days
This is an intimation by auditor to ROC about his appointment in Form-23B. From the FY 2011-12 it has made mandatory to file with fee as per Schedule X of the Companies Act, 1956.
So if the auditor fail to file Form-23B in time, then they will pay additional fee as prescribed by MCA, at the time of filing of such form.
The only Penalty is in the form of additional payment.