Mca form 23b

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Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2013 Dear Sir,
please confirm that is it mandatory to file form 23B by a ca for the F/Y 2012-13 and what is the penalty if CA not file the Form 23B and sign the balance sheet/ Audit Report

Thanks in Adv.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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18 September 2013 Form 23B has to be filed. If not filed form 23AC can't be e-filed for want of SRN of form 23B. No specific penalty is provided in the act for non filing of 23B. However, penalty can be initiated by ROC u/s 629A of the Companies Act,1956.

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Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2013 Thanks Sir,
please also tell that is ca liable to pay penalty in case he dont file form 23B u/s 629 of the Companies Act,1956

Thnaks

Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2013 Thanks Sir,
please also tell that is ca liable to pay penalty in case he dont file form 23B u/s 629 of the Companies Act,1956

Thnaks

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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03 August 2024 Form 23B was used under the Companies Act, 1956 for the appointment of auditors and their consent to act as auditors. However, with the enactment of the Companies Act, 2013, Form 23B was replaced by Form ADT-1 for similar purposes.

### **For the Financial Year 2012-13:**

1. **Mandatory Filing of Form 23B:**
- For the Financial Year (F/Y) 2012-13, Form 23B was indeed mandatory for companies to file with the Registrar of Companies (ROC) to confirm the appointment of auditors.
- It was required to be filed within 30 days of the appointment of the auditor or the commencement of the financial year.

2. **Consequences of Non-Compliance:**
- If Form 23B was not filed, it could lead to penalties for the company, including potential issues with the validity of the auditor's appointment.
- The penalty for non-filing of Form 23B was typically a fine for the company as well as possible penalties under section 629 of the Companies Act, 1956 for non-compliance.

3. **Liability of the Chartered Accountant (CA):**
- The CA is required to file Form 23B as part of their duties, and their failure to do so could result in penalties. The CA's signature on the balance sheet or audit report implies compliance with all statutory requirements, including the filing of Form 23B.
- Under section 629 of the Companies Act, 1956, if a CA fails to perform their duties, they can be held liable for penalties. This would include the non-filing of Form 23B if it was a required statutory form.

### **Current Position under Companies Act, 2013:**

- **Form ADT-1**: Under the Companies Act, 2013, Form ADT-1 is used to notify the ROC of the appointment of auditors and their consent. It has replaced Form 23B.
- **Penalties**: The penalties for non-compliance under the Companies Act, 2013 are outlined in the Act and can involve fines for both the company and the auditor. For any delay in filing Form ADT-1, the company may face a penalty, and similar rules apply for non-compliance.

### **Key Points:**

- **Check Transition Rules**: Ensure you are aware of the transition rules between the Companies Act, 1956 and the Companies Act, 2013.
- **Consult Updated Guidelines**: For the most accurate and up-to-date information, check the MCA website or consult a professional familiar with current regulations.

For specific legal advice or to address any particular concerns, consulting with a legal professional or a chartered accountant is recommended.

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