Auditor not resigning
This query is : Resolved
Quick Summary
Mohammed Ahmed
(Querist)
29 November 2023
I am running a private limited company and the statutory auditor appointed 3 years back with whom I am not satisfied requested him to resign in the month of August 2023.
He immediately raised a bill for Rs.17000.00 as audit fees for the AY 2023-24 though he had not audited for the current year and sent me. I assured him that the payment would be settled once he shared the SRN number but he not only refused but also demanded the same amount for the current AY 2024-25. What should I do? Is there any guideline with the ICAI that the compliance should not be completed till payment is made? Can I move legally against the auditor and claim the MCA penalty from him?
Please guide
He immediately raised a bill for Rs.17000.00 as audit fees for the AY 2023-24 though he had not audited for the current year and sent me. I assured him that the payment would be settled once he shared the SRN number but he not only refused but also demanded the same amount for the current AY 2024-25. What should I do? Is there any guideline with the ICAI that the compliance should not be completed till payment is made? Can I move legally against the auditor and claim the MCA penalty from him?
Please guide
CA R SEETHARAMAN
(Expert)
30 November 2023
As per sub-section (1) of section 140, the auditor appointed under section 139 may be removed from his office before the expiry of his term only by a special resolution of the company, after obtaining the previous approval of the Central Government in that behalf.
Mohammed Ahmed
(Querist)
30 November 2023
He says if I do that with the special resolution and appoint another auditor he will proceed with the disciplinary action against the New auditor
Please guide
Please guide
CA R SEETHARAMAN
(Expert)
30 November 2023
No disciplinary action taken in such a case. Consult the auditor to be appointed.
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