Apointment of first auditor
This query is : Resolved
14 September 2012
Dear Sir
In appoinment of First auditor for a new Company Whether Form 23B or FROM 3 is required to be filed with the ROC.
In appoinment of First auditor for a new Company Whether Form 23B or FROM 3 is required to be filed with the ROC.
14 September 2012
Hi
After appointment of first auditor you may file Form-23B with ROC with in 30 days from the date of receipt of letter of appointment from company.
After appointment of first auditor you may file Form-23B with ROC with in 30 days from the date of receipt of letter of appointment from company.
Message likes :
1 times
14 September 2012
Dear Sir
FORM 23B is required only if AUDITOR is appointed in AGM. Here AUDITOR is appointed by the BOD in board meeting Hence, My View is that F 23B not required to be filed with.
FORM 23B is required only if AUDITOR is appointed in AGM. Here AUDITOR is appointed by the BOD in board meeting Hence, My View is that F 23B not required to be filed with.
14 September 2012
Hi
The Act, is silent about filing of Form-23B for first auditor. But as we read Form-23B there is no such restriction for filing of Form-23B for first auditor.
As per my view and as a good corporate practice you can file Form-23B with ROC.
The Act, is silent about filing of Form-23B for first auditor. But as we read Form-23B there is no such restriction for filing of Form-23B for first auditor.
As per my view and as a good corporate practice you can file Form-23B with ROC.
14 September 2012
Dear Expert
As I understand the ACT is not silent but specific i.e. As per Section 224(1A) Form 23B is required to be filed only if the auditor is appointed under section 224(1) i.e. in AGM not u/s 224(5)i.e. First Auditor.
Plz read the Bare Act, AND plz clarify the problem.
As I understand the ACT is not silent but specific i.e. As per Section 224(1A) Form 23B is required to be filed only if the auditor is appointed under section 224(1) i.e. in AGM not u/s 224(5)i.e. First Auditor.
Plz read the Bare Act, AND plz clarify the problem.
14 September 2012
Dear Alpesh,
Please read my answer carefully.
Section 224(1) deal with appointment of auditor at AGM and not talking about first Auditor.
As per my reading of Bare Act, section 224(5) of the Companies Act, 1956 deal with appointment of First Auditor.
I regularly follow the practice of filing of Form-23B of first auditor. I always give suggestion of filing of Form-23B for filing to ROC.
Its depend on you whether you want to file such form or not.
Please read my answer carefully.
Section 224(1) deal with appointment of auditor at AGM and not talking about first Auditor.
As per my reading of Bare Act, section 224(5) of the Companies Act, 1956 deal with appointment of First Auditor.
I regularly follow the practice of filing of Form-23B of first auditor. I always give suggestion of filing of Form-23B for filing to ROC.
Its depend on you whether you want to file such form or not.
14 September 2012
Hi Ajay, Fully appreciate the view of "corporate policy'. For the sake of EXAMINATION, the answer may be whatever... but as a sound corporate policy; which should be the need of the time, one should insist on filing 23B; instead of focussing on the "LITERLIGIS"
14 September 2012
OK thank you Dear Sir
I had not fild f 23B in time and when I filed it lately. The ROC accepted it validly without any penalty for that,henceforht I was clarifying the View.
thanks
I had not fild f 23B in time and when I filed it lately. The ROC accepted it validly without any penalty for that,henceforht I was clarifying the View.
thanks
14 September 2012
Dear Mr. AMOL
LETTERLIGIS means following of law only in letter.Am i right?
LETTERLIGIS means following of law only in letter.Am i right?
14 September 2012
Dear mR. amol
LETTERLIGIS means following of law in letter, not in spirit. IS IT SO.
LETTERLIGIS means following of law in letter, not in spirit. IS IT SO.
14 September 2012
The intent comes first and then the same is put into WORDS. (Microsoft or other)While there is no harm in strictly sticking to WORDS, the professionals are expected to give more emphasis on the INTENT/ SUBSTANCE.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Treatment of Pension ?annuity returns on PMVY
- ITR filing- non tax audit cases- Asstt.Year 2026-2027
- Soyabean hsn code and gst rate
- TDS related Query_Liquidated Damages
- CA IPCC Registeration in 2012, Is my registration Active or Expired
- AY 26-27 ITR-4 FILING U/S 44-ADA
- Plot of land. Cost of Acquisition
- Long Term Service award taxability in hands of company
- Last year TDS Claim
- Free lancer income
- Form 27Q Correction statement taking too long to update on IT Portal
- ITR selection for salaries and capital gain less than L
- Showing Gift from relative in ITR for this year
- Gst invoice numbering and delivery challan numbering
- Standard Deduction claim for EPFO Pension and ICICI Prudential Life Annuity
- Small dealers gst returns filing
- Sales amount in Gstr1
- CG after sale of flat
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
