Avail 50% discount on all subjects for Nov batch(access till Nov 20th). Use coupon code Nov14.

×
Home > Experts > Corporate Law > Reg appointment of Auditor in Pvt Ltd Company


Please Wait ..

Sign-in to your account


Username:
Password:

Remember Me

Forgot your password?

Sign-up now



Join CAclubindia.com and Share your Knowledge. Registered members get a chance to interact at Forum, Ask Query, Comment etc.


Reg appointment of Auditor in Pvt Ltd Company (Corporate Law)

Report Abuse
This query is : Resolved



( Author )
22 September 2010

Pls tell in a pvt ltd company, if another auditor is appointed in AGM after the first auditor, then will it require to intimate to ROC for the appointment.

Also tell can the new auditor imediately filed the ROC return and ITR of the company as the Tax audit is not applicable on the company.


CMA. CS. Sanjay Gupta

( Expert )
22 September 2010

No intimation to ROC required.
Also it is not necessary that auditor will file the ROC return and It return.
ROC can be filed by any CA/CS/CWA in practice.


CA. Naveen Jain

( Author )
22 September 2010

sir then pls tell, if we want to file roc return of a pvt ltd company which roc return for previous year was filed was another CA then what stepls in this regards we should follow, e.g regarding the appointment in agm and others

Pls tell on urgent


Ankur Garg

( Expert )
22 September 2010

Form 23B is not required to be filed for first auditor.

However in your case form 23B is required to be filed with ROC by the auditor within 30 days of acceptance of audit, bcoz you have appointed a regular auditor u/s 224.

This new auditor can sign the accounts as statutory auditor. But on ROC e-forms he can not sign on behalf of the company. You can get the e-forms signed from the practicing professionals.

Regards



CA. Naveen Jain

( Author )
22 September 2010

Sir, I am little bit confused. Actually the pvt ltd company is approach me to file its ROC reurn and ITR for the year 2009-10.
As per your suggestion I can not file ROC return then How can I take this assignment.

Pls suggest


Ajay Mishra

( Expert )
22 September 2010


ROC Returns is different from filing Form-23B. ROC Returns is filled by the company and Acceptance of appointment as Statutory Auditors in Form 23B is filed by Statutory Auditors.

ITR will be filed by company by using one of director digital signature.

Regards


Ankur Garg

( Expert )
22 September 2010

Dear Naveen please tell are you the statutory auditor of the compan appointed through AGM?

If yes then it is not advisable for you to sign ROC e-forms for the company.

Your main work is audit of company and supporting accounts department of the co. for preparation of account etc. Since it is also not advisable to first prepare the accounts yourself and then audit them...

hope u r getting what m trying to say....



CA. Naveen Jain

( Author )
23 September 2010

Sir actually company approach me for its ITR filing and Annual filing of ROC return on which tax audit is not applicable.

Now pls guide can I do so and what other requirement in this regards



CMA. CS. Sanjay Gupta

( Expert )
23 September 2010

Yes you can do so and any one can no other legal requirements. In my company i myself filing IT return. For ROC return certain form like Form 23AC & 23ACA, Form 20B require to be certified by CA/CWA/CS in practice. Not necessary that only statutory auditor can certify. Any CA/CS/CWA in practice can do so.


CA. Naveen Jain

( Author )
23 September 2010

Sir it means I can sign the CARO report also.


CMA. CS. Sanjay Gupta

( Expert )
23 September 2010

No you can not. Only Statutory Auditor can sign CARO report.


CA. Naveen Jain

( Author )
23 September 2010

Sir if CARO is not applicable on the company. as it is a small Pvt ltd company.

Then in that case Can I sign all forms like 23b, 23ac and 23aca

And also tell will it require digital signature of CA also or can simply sign.


CMA. CS. Sanjay Gupta

( Expert )
23 September 2010

Yes you can sign all forms like 23b, 23ac and 23aca. It will require digital signature.


Ajay Mishra

( Expert )
23 September 2010

Form 23AC, Form23ACA, Form 20B should be signed by One Director as Authorised by Board and Should be certified by Preacticing CA, CS or ICWA, who have digital signature.


Regards


Previous

Next

You need to be the querist or approved CAclub expert to take part in this query .


Click here to login ( Members Login ) now


Similar Resolved Queries :








submit










Quick Links





back to the top