Is Auditor Certificate mandatory for DPT-3?



Quick Summary
This article clarifies the requirement for an auditor's certificate when filing the e-form DPT-3. While not explicitly stated in the relevant sections of the law, a certificate from a Chartered Accountant is mandatory in specific situations. The DPT-3 help kit indicates that this certificate is required if you select 'Return of Deposit' or 'Return of Deposit and Particulars of transactions by a company not considered as deposit' as the purpose of filing.

Summary

In this editorial author going to discuss about requirement of auditor certificate for filing of e-form DPT-3. Like Whether auditor certificate mandatory for all the DPT-3, if not then what are the situations when certificate from auditor required for DPT-3?

DPT-3 Filing: Is an Auditor Certificate Required

Point of Editorial

Is Chartered Accountant Certificate required for e-form DPT-3?

This is a very crucial question in respect of DPT-3 as nowhere in Section 73 or Rule 16, it has been mentioned about the Certificate of Auditor but in many cases ROC's ask for a certificate from the Statutory Auditor of the Company.

 

Solution of this questions is mentioned in Help Kit of e-form DPT-3. As per instruction kit of DPT-3.

Auditor's certificate: Mandatory if purpose 'Return of Deposit' or 'Return of Deposit and Particulars of transactions by a company not considered as deposit' is selected.

 

Conclusion

Therefore, one can opine that if company having deposit and select remote button no 2 or remote button no. 4 then it is mandatory to attach certificate from Auditor.

Example: If Company receive loan from shareholder in such case Company is required to attach certificate from auditor in e-form DPT-3

FAQ :

No, an auditor's certificate is not mandatory for all DPT-3 filings. It is only required in specific circumstances.

An auditor's certificate is mandatory if the purpose selected in the e-form DPT-3 is 'Return of Deposit' or 'Return of Deposit and Particulars of transactions by a company not considered as deposit'.

The requirement for an auditor's certificate for e-form DPT-3 is mentioned in the Help Kit of the e-form DPT-3.

Neither Section 73 nor Rule 16 explicitly mentions the requirement for a Certificate of Auditor for DPT-3.

Yes, if a company receives a loan from a shareholder, it is required to attach a certificate from an auditor in the e-form DPT-3.


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About the Author

Practicing Compnay Secretary

CAREER PROFILE He is a Fellow Member of the Institute of Companies Secretaries of India having intense expertise in Corporate Law for the last 8 years. He is a young and progressive Practicing Company Secretary with zeal to dig deep into the nuances of Corporate Laws. Being a researcher at heart, he has done ... Read more

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