Auditor intimation & intimation to roc

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Sumit Arora (Querist)
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26 October 2013 Hello Friends,

Please Help me in the following cases :-

Case 1 :-
If the company(Private Limited) is incorporated in AUg. 2012, & they have appointed 1 auditor, but they have not intimated the same to ROC and even the auditor also not intimated the same to the ROC.

whether there is penalty now ?

Case 2 :-

if the company is incorporated on 31st Dec. 2012.

Friends please suggest.

Regards
Sumit

Ajay Mishra

Ajay Mishra (Expert)
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26 October 2013 Yes, you will file Form-23B of your first Auditor with an additional fee of 9 time of normal fee.

File Form-23B of the first auditor for the FY commencing from August 12, to March 31, 2013.

Sumit Arora

Sumit Arora (Querist)
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26 October 2013 Thanks Mr.Ajay for your prompt reply.

there is any alternative to aviod the additional fees ?

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Ajay Mishra

Ajay Mishra (Expert)
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26 October 2013 No, from the FY 2011-12 MCA has made mandatory to file Form-23B for appointment of auditor.

So filing of Form-23B is mandatory.

Sumit Arora

Sumit Arora (Querist)
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28 October 2013 is there is any way to avoid penalty ?

Ajay Mishra

Ajay Mishra (Expert)
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28 October 2013 No, you can not avoid penalty.

Sumit Arora

Sumit Arora (Querist)
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28 October 2013 what if i does not file form 23B ?

Ajay Mishra

Ajay Mishra (Expert)
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28 October 2013 You will not be eligible to file Form-23AC & ACA in ROC.

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Sumit Arora

Sumit Arora (Querist)
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28 October 2013 Last date of filling both the forms is 31 Oct 2013 ?

Ganeshbabu K

Ganeshbabu K (Expert)
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29 October 2013 In my opinion you no need to pay any additional fee as per company act

Appointment of First auditor:

Sec.224(5)-
First auditors are appointed by board of directors in board meeting with in one months from the date of incorporation.

And auditor is not required to intimate to ROC about his acceptance/ refusal of such appointment as a first auditor

Please note auditor required to intimate to ROC about his acceptance or refusal with in 30 days from receipt of intimation is applicable only if the auditor is appointed under section 224(1) hence in my opinion if appointment of auditor is done by board resolution not required to file form 23B

Ganeshbabu K

Ganeshbabu K (Expert)
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29 October 2013 But For e-filing Form 23 AC SRN of E-form 23B is required.

So how to file 23AC:-

Please refer 23AC e-form help kit ponit 10.

http://www.mca.gov.in/MCA21/dca/downloadeforms/eformTemplates/1008-Form23AC_help.zip

"If the SRN of form-23B not available or in case information by auditor to ROC in form-23B is not required to filed, you may enter Z9999999"

Hence you can file form 23AC as above instruction provided in instruction kit of MCA

Hence i can say you are not supposed to file form 23B for appointment of first auditor as it is not mandatory to intimate to ROC--and as it is first auditor appointment mca may aware of this and your 23AC also will be approved by MCA

Thanks& regards
Ganesh babu k

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Sumit Arora

Sumit Arora (Querist)
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29 October 2013 Thanks Mr. Ganeshbabau,

You are sure na ?

Mr. Ajay any comments ?

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Ajay Mishra

Ajay Mishra (Expert)
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29 October 2013 I again said that filing of Form-23B is mandatory. I already read this provision given by Mr. Ganeshbabu in 2012.

There after I will always says that filing of Form-23B is required to be intimated to ROC.

Ganeshbabu K

Ganeshbabu K (Expert)
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29 October 2013 @sumit

In my knowledge i am correct ,there is no problem in efiling of 23AC because there is support from instruction kit, as per act also we are not escaping so no problem
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other wise you have to pay 9 times of additional fee and can send form 23B
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i recommend to file as per my instructions, i guess forms will be approved.
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Sumit Arora

Sumit Arora (Querist)
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29 October 2013 Thanks Mr. Ganesh & Mr. Ajay for your Comments.

Sure i will file the form 23 AC.

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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30 October 2013 The view of Ajay Sir is correct and to be necessarily followed.

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Ganeshbabu K

Ganeshbabu K (Expert)
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30 October 2013 Thanks sir for confirming

MAHENDRA KUMAR BAGRECHA

MAHENDRA KUMAR BAGRECHA (Expert)
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01 November 2013 Dear Experts,

Wishing you a very happy and safe diwali.

Suppose for fy 12-13, intimation to RoC for auditor appt has been filed and thereafter intimation for fy 11-12 was filed. I want to ask that is it necessary to file form 23B year wise only.. and due to this, can other form like form 23AC,ACA will not be approved? Just for my information..

Thanks

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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01 November 2013 i) form 23B has to be filed for each year.

ii) without filing form 23B, form 23AC cannot be filed electronically.

MAHENDRA KUMAR BAGRECHA

MAHENDRA KUMAR BAGRECHA (Expert)
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01 November 2013 Thanks Warrier Sir,

but my doubt was

i) Is it necessary to first,file 23B for fy 12-13 and then only we should file for fy 13-14 ?

ii) If we have filed for 13-14 first and thereafter for 12-13(with late fee), then due to this, Will this be problem in approving form 23AC & ACA filed for fy 12-13, by related RoC...