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Form 23B not filed in time

Pavan Jain S (Chartered Accountant) (1575 Points)

29 January 2009

What are the consequences if Form 23B (Intimation to ROC regarding acceptance of statutory audit) is not filed within 30 days.

Suppose, if auditor has failed to file form 23B with ROC, what are the consequences?

The query is pertaining to appointment of statutory auditors of Private Limited Company

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10 Replies

CA. ANKUR JAIN (CA.....) (2800 Points)
Replied 30 January 2009

HELLOW PAVAN JI,

FOR NON FILLING OR ON DELAYED FILLING OF FORM 23B, NO PENAL PROVISIONS R SPECIFIED ANYWHERE.... AS PER MY KNOWLEDGE.........

BUT U HAV TO FILE THIS FORM (MANDATORILY) IF U WANT TO FILE ANNUAL RETURN OF COMPANY.

THANX (PLS CORRECT ME IF WRONG)

srilakshmi (ca final) (369 Points)
Replied 03 February 2009

the auditor is punishable with a fine which may extend to Rs.10,000

u/s 233,of the companies act , 1956

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 09 February 2009

Sec.233 is not applicable in this case. It is applicable for non-compliance of Sec.227 and 229.

CA Aditya (-) (51 Points)
Replied 11 March 2010

Sir, what if we use Z99999999 in form 23AC and continue with the annual return without actually filing form 23B ?

Rasesh (CS CWA MBA (Fin) B.Com LL.B (Spl)) (6501 Points)
Replied 11 March 2010

The Company can file the accounts using Z99999999. But the auditor has to file Form No. 23B. To the best of my knowledge, there is no penalty in case the form is filed late.

prachi (Article) (24 Points)
Replied 13 July 2011

what can i do if I have wrongly attched intimation letter for 23b .Plz reply

Arun Agrawal (Chartered Accountant) (35 Points)
Replied 22 July 2012

Can anyone describe that what will be the penaly for the following in form 23 B ( in private limited company )

1. penalty for not filing 23 B

2. Filling fees of Form 23 B

3. Delay in filing of 23 B

CS Mitesh Mehta (Company Secretary) (17139 Points)
Replied 23 July 2012

Ministry of Corporate Affairs 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.

Arun Agrawal (Chartered Accountant) (35 Points)
Replied 23 July 2012

Thanks everybody for replying but my question is whether any penal provisions for not filing 23 B and what is the fess of 23 B

Ganeshbabu K (Audit and Tax Advisory) (48559 Points)
Replied 23 July 2012

TIMLE LIMIT TO FILE 23B ENHANCED FOR 2 WEEKS,,

Ministry of Corporate Affairs 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.