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Filing of form 23b

nupura (CA) (140 Points)

13 July 2012

If company is registered on 02/05/2011 whether the auditor of this company is required to file 23B? Whether 23B is compulsory for first auditor?

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20 Replies

CS Mitesh Mehta (Company Secretary) (17139 Points)
Replied 13 July 2012

Yes.

The first auditors who are appointed by the Board should also file an intimation of their appointment or refusal in Form 23B within 30 days of their appointment.

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nupura (CA) (140 Points)
Replied 18 July 2012

Thank you Sir, but as per section 224(1A) only auditor who is appointed in AGM is required to file Form 23B....First auditor is not appointed in AGM.....so why we require to file 23B for them?

CS Mitesh Mehta (Company Secretary) (17139 Points)
Replied 18 July 2012

Dear Nupura,

Going strictly by the words you are right that first auditor need not give intimation to the Registrar in Form 23B.

But if you will not file 23B then you will not be able to file Balance sheet for the year for which first auditor is appointed with ROC as SRN No. of 23B is required for filing Balance sheet.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 20 July 2012

As per section 224 except first auditor all auditors are required to file form 23B to the ROC within 30 days of the date they get intimation of their appointment.

However, you should file form 23B for the first auditor as well.

Kishore Kumar Bhuyan (Accountant) (51 Points)
Replied 20 July 2012

Dear Sir/Madam,

My question is, One of our client recently has taken over (purchased) an existing company and we are appointed as auditor. Since it is an extra ordinary general meeting and not an AGM, I want know whether Form 23B is to be filed in this case or not. We have taken an intimation for the appointment from them. Please let me know.

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CS Mitesh Mehta (Company Secretary) (17139 Points)
Replied 20 July 2012

Yes you have to file Form 23B

Kishore Kumar Bhuyan (Accountant) (51 Points)
Replied 20 July 2012

Thanks Sir, If date of intimation letter exceeded one month, then what to be done?

CS Mitesh Mehta (Company Secretary) (17139 Points)
Replied 20 July 2012

You have to file 23B with additional filing fees.

Kishore Kumar Bhuyan (Accountant) (51 Points)
Replied 20 July 2012

But Sir,

Filing of Form 23B is free as per my knowledge.

nupura (CA) (140 Points)
Replied 20 July 2012

From 22 nd July onwards fees are effective for 23B....!!!

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CS Mitesh Mehta (Company Secretary) (17139 Points)
Replied 21 July 2012

Yes

As per recent MCA General Circular No. 14/2012 F.No. 17/187/2011 CL.Vdated 21/06/2012 now applicable fees for Form 23B is as per Schedule X of the Act

Kishore Kumar Bhuyan (Accountant) (51 Points)
Replied 21 July 2012

Ok, Thanks Ms.Nupura, Tkanks Mitesh Sir. Thanks very much for the news.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 21 July 2012

W.e.f. 22nd July, form 23B has been included in Schedule X and fees shall be charged on filing of such form according to the Schedule X.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 21 July 2012

Ministry vide circular number 14/2012 dated 21.06.2012 had imposed fees on Form 23B (Information by auditor to Registrar) w.e.f. 22/07/2012. Kindly note that the last date for filing the Form 23B without fee has been extended for two weeks. Fee shall be charged on any eForm 23B filed on or after 5th August, 2012.