Removal of current auditor

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Ankit sehra (Querist)
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01 November 2013 Dear Experts

There is a Pvt Ltd Company. It has re-appointed its auditor XYZ & Co for the financial year 2012-13 on 25th September, 2012. On 1st November 2013 i.e. today Pvt Ltd wants to appoint XYZ & Co as auditors for same financial year i.e. 2012-13 and remove ABC & Co. ABC & Co is not providing resignation.

What are the Options available with the current auditor and the pvt ltd company in this scenario as the due for filing of income tax return , AGM and audit for financial year 2012-13 has expired?

Thanks & Regards
Ankit Sehra

Nikhil Kaushik

Nikhil Kaushik (Expert)
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02 November 2013 you are navigating troubled waters my friend. A CA is not required to cooperate with you. Additionally if you want to remove him, you need to follow 224(7) (Companies Act 1956) or the corresponding provisions of the new companies act.

Since all this would require back dating, CA has every right to deny cooperation. And trust me if he do so, the new auditor would find it very difficult to accept the assignment.

So don't look for legal ways. You need to convince the old auditor to get onboard and get this done.

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