First Auditors - Notice of appointment to Registrar Form 23B

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 February 2010 It is noted that the First Auditors appointed by BOD uner sec.224(5) are not under obligation to file form 23B to registrar.
I presume that actually this filing of Form 23B is also to verify the digital signature of Auditors when the Annual Return is filed with ROC {The SRN number to be quoted in the Return}. Ofcourse, even the latest SRN number can be given in the Return, to confirm the digital signature of the Auditor.
But in a case where the First Auditors have not filed Form23B & in the first AGM if that auditor has resgined and a new auditor has been appointed, how to file the 1st Annual Return? Ofcourse it may be filed by using a dummy SRN no. but the purpose which I had indicated - digitally verifying the signature of the Auditor is not satisfied.
Any suggestions as to how this can be overcome?

Ankur Garg

Ankur Garg (Expert)
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26 February 2010 Hello,

Kindly appreciate annual account in form 23AC and 23ACA are required to be filed within 30 days of AGM and annual return in form 20B is required to be filed within 60 days of AGM.

So there is no connection between first auditor and SRN number and annual filing.

When you appoint new auditor in the AGM in place of first auditor, then file form 23B as early as possible and generate SRN no. and use this SRN No. for annual filing due after AGM.

Revert if there is any doubt.

Regards

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Querist : Anonymous

Querist : Anonymous (Querist)

26 February 2010 Dear Ankur
Thanks for the post.
Form 23B will be filed by the new auditor appointed in the AGM.
In the first AGM the accounts audited by the first auditor will be accepted and used for filing the annual return.
Can the SRN filed by the replaced auditor used for filing the first annual return?

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Jagruti (CS)

Jagruti (CS) (Expert)
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26 February 2010 As per the MCA requirement they require the to Enter the SRN of Form 23B filed in relation to the appointment of the
auditor who has audited the attached balance sheet.

Thus, you as per Mr. Ankur the balance sheet prepared & signed by the last auditor needs to be stated in Form 23AC

Querist : Anonymous

Querist : Anonymous (Querist)

26 February 2010 In this case the first auditor has signed the annual accounts. This was adopted in the AGM. The adopted Balance sheet needs to be filed with the Registrar.
Meanwhile in the AGM this first auditor has been replaced by a new auditor.
The new auditor has filed Form 23B.

My doubt is can the SRN of this 23B used for filing my first balance sheet with the registrar?
Please clarify.

Ankur Garg

Ankur Garg (Expert)
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26 February 2010 Your view point is correct. But as far as my understanding goes you may file the annual accounts with the SRN no. of replaced auditor. Alternatively seek clarification from ROC.

Regards

Querist : Anonymous

Querist : Anonymous (Querist)

26 February 2010 Thanks. Actually we had gone ahead filed the return with dummy SRN no.
Thanks again for the clarification.