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297 contracts

prasanna (student) (60 Points)

15 October 2011

will a service rendered by a company secretary or an auditor will fall under contracts of sec 297 if he rendered his service to one of his relative ?.Kindly guide me in this regard

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5 Replies

Shridhi Jain (Company Secretary) (1678 Points)
Replied 15 October 2011

I dont think that secretary and auditors fall under the category of Sec.297.

2 Like

priyatambika ( ca final student) (323 Points)
Replied 15 October 2011

sec 297 does not apply to co. secretary or auditor.

sec 297 applies to such pesons:

*a director of the co.

*a relative of any director

*a firm in which such a director or relative is a partner

*any other partner in such a firm

*a pvt co. of which the director is a member or director

1 Like

CA VISHAL RANA,CS,B.Com,AMFI (Chartered Accountant in Whole Time Practice) (4354 Points)
Replied 15 October 2011

agree with Shridi & priyatambika

1 Like

CA Rajat Jain (CA) (1677 Points)
Replied 16 October 2011

no this not covered

CA Arindam Dey (Chartered Accountant) (117 Points)
Replied 16 October 2011

A combined reading of Section 297 and Section 226 will make it clear that Section 297 would not apply because in any case an auditor cannot be a person referred u/s 297.