09 March 2011
The Auditor of a Private Limited Company denied to sign the Balance Sheet nor does he agree to resign as a Statutory Auditor. The Company did not take any AGM extension and filed the unaudited Balance Sheet with the ROC. 1. Now the querry is that how the Company can remove the Auditor and appoint new one. Another important thing is that as the New Auditor have to take NOC from the previous Auditor, what to do?
2. What about the unaudited Balance Sheet already filed with ROC?
09 March 2011
I am giving you my personal opinion:
1) You address a letter to the Auditor concerned either to conduct the audit and submit his qualified report or to resign enabling you to appoint another auditor to carry out the audit and comply with the statutory requirement. Also mark a copy to the concerned Regional Director. If no reply is received approach RD for removal and appointment of new auditor in his place.
2) Unaudited Balance Sheet will not have any validity. Once the audit is completed file the revised return after a detailed letter to ROC explaning the necessity for filing the revised return.
Other experts in the forum please give your opinion.
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