Auditors appointment

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Manoj Kumar (Querist)

12 October 2014 new pvt ltd. company made june 2013
we are fillING return 23AC 23ACA AND 20B BUT AUDITORS APPOINTMENT RETURN 23B NOT FIILED TILL DATE.
PLEASE ADVICE WHAT DATE APPOINT AUDITORS AND WE FILLED 23B FOR 31/3/2014 AUDIT REPORT
PLESE BRIEF ME AS EARLY AS POSIBLE

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

12 October 2014 With in 30 days of incorporation, first auditors has to be appointed in the Board meeting. Then to e-file form 23 B with in 30 days of the Boar Meeting. Belated filing of e-form 23 B is possible till 15-10-2014 under CLSS,2014 through which 75% of the additional filing fee will be waived.

Ankur Garg

Ankur Garg (Expert)

12 October 2014 Agree with expert.

Kindly check the link below to know about CLSS 2014:

https://www.caclubindia.com/articles/new-company-law-settlement-scheme-2014-21528.asp

In case you fail to file 23B by 15.10.2014, you can file form ADT.1 to ensure your old compliance. Also check the link below:

https://taxguru.in/company-law/intimation-roc-auditor-appointment-form-adt.html

Please revert if there is any doubt.

Thanks

Ankur Garg

Ankur Garg (Expert)

12 October 2014 Filing of form ADT.1 in place of Form 23B for appointment of Statutory Auditor

Auditor Form 23B has been replaced by Form ADT.1

I have observed that many companies have not filed form 23B last year for FY 2013-14 when they appoint Auditor in the AGM and now they are worried what to be filled in form 23AC and 23ACA in place of SRN No. of form 23B. I have analyzed this issue and my opinion is mentioned below.

“Kindly appreciate that Form 23B has been discontinued by MCA now. So for Annual filing forms like 23AC and 23ACA for the FY 2013-14, it would not be possible to fill SRN of 23B, if you have not filed form 23B last year in respect of FY 2013-14.

As per section 224(1) of Companies Act, 1956, ideally Form 23B should have been filed last year by the Auditor after appointment of Auditor for FY 2013-14 in the AGM.

However, now as per new rule prescribed in section 139(1), Auditor appointed at the AGM is to be intimated by the Company to the ROC within 15 days of appointment through filing of form ADT.1. Form ADT.1 is to be filed through E-form GLN.2. Kindly refer MCA General Circular No. 9/2014 dated April 25, 2014.

So now in place of filing form 23B for FY 2013-14, one can file form ADT.1 through E-form GLN.2 with late fee in respect of FY 2013-14. In this case you can very much use the SRN of form GLN.2 filed in respect of FY 2013-14 when you prepare form 23AC and 23ACA for FY 2013-14.”

This is my personal understanding.

Thanks

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