Form 24aa and 274(1)(g)

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Vikram (Querist)
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02 May 2013 We are facing a unique problem this year . Our company has filed Form 24AA (Director's interest) on 30-3-13 as 31-3-13 happens to be a sunday. The auditor wants a revised form 24AA dated 31-3-13

Similarly , 274(1)(g) has been dt 30-3-13 as 31-3 is a sunday and director's were not working on that day. The auditor is arguing that CARO specifically states that 274 (1)(g) declaration should be obtained as on 31-3-13. To comply with this we have got a revised declaration as on 1-4-13. But this is not accepted by auditor as they say it is for next financial year!

Can anyone enlighten based on the companies Act provisions in such cases

Ajay Mishra

Ajay Mishra (Expert)
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02 May 2013 Hi

As per my views, the director can give Form-24AA signed on any day, wether it is signed on Sunday or Public holiday. There is no restriction on it under Companies Act, 1956.

The only requirement is it should be before the end of 31.03.2013.

Section 274 is applicable on appointment or re-appointment. If your Boar Meeting is on Sunday or public holiday, then u can receive the same on Sunday also.

I will suggest you to say your auditor, that Sir, 31.03.2013 is on Sunday, so can I make Balance Sheet up to 30.03.2013.

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