An auditor is black mailing our company

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Dear Sir, I am a director of a Pvt. Ltd. Company (Manufacturing Unit) based in Delhi. I and my wife are Directors of Company. My current (2015-16) turn over is 32,00,000/-. Company is 8 years old. Now, My auditor is trying to exploit us. He does not give us and data (Books of Accounts) of the company except Balance Sheet and P & L. He has not completed our sales tax assessment even FY 2009-10, 2010-11 , 2011-12 and till date. He had not even filled Balance Sheet in ROC for FY 2014-15. We are under small scale industries. Now, we do not want to let him give our work. We asked him to return our all document and his resignation so that we can appoint a new auditor. Now, he demanded 1 Lac (approx) rupees as fees. We got shocked because we have already cleared all his dues whatever earlier decided. He told that the amount is outstanding in the financial of 2014-15. The balance sheet that he had given us there was written a word 'Other Liabilities' that covers his outstanding balance. His firm name was not mentioned over there. I am a technical person (Engineer) and do not have such knowledge. Even that I agree to pay this amount (not paid yet). But even after he is not ready to return our file and give resignation. Please give us proper guidance. We are not able to understand what to do.
Replies (11)

Sit with him and talk to him and if you can prove that no fees is due then talk to another C.A. and make a complaint to ethics committee of ICAI.

If you have the details of the payment made to him as per the agreement. Then just file a case of harassment, cheating & threatening in the police department & same in the icai then he will come to your feet. 

Dear Sir,

We are ready to pay his all dues whatever he demands. We had met him and cleared all thing. But even that he is not ready to resign and return our book and data. He had not submitted Balance Sheet for FY 20114-15 in ROC even now.

Dear Sir,

There is no any written agreement between us. Whatever fees earlier decided he has mentioned more that this amount in financial. Even that we are ready to clear all his dues whatever he says, we have cleared all things to him. Even after he is not ready to resign and return our company books and other data and 17th Oct 2016 is last date of ITR. We are not able to understand what to do.

Approach another CA with knowledge of Company Law. You can remove present auditor and give him an opportunity of being heard him at the meeting of shareholders for removal. The papets and files are the property of company and he can hold them till he is paid his fee. The newly appointed CA can take care of these matters.

Dear Sir, Please suggest can we appoint a new CA for FY 2015-16 audit. Current CA is not ready for resign.
The Auditor Has no Lien over books of accounts upon which no sum ia due, in simple terms you have to file a complaim with the discipilanary commitee of ICAI & the Police in official writing stating the above points, also the auditor can be removed easily their are provisions in compamy law to remove find a new CA and he would guide you !!

Write the same letter to:

The Secretary, Ethical Standards Board,
The Institute Of Chartered Accountants Of India
A-29,Sector-62, ICAI Bhawan, Noida (U.P)
Phone: 0120-3876857,Fax: 0120-3045940
Email us at: esb @ icai.in ashishswaroop @ icai.in

&

Disciplinary Committee:
Shri V. Sagar, Secretary,
The Institute of Chartered Accountants of India
ICAI Bhawan,
P O Box 7100, Indraprastha Marg,
E -Mail: secretary @ icai.in
Website :- www.icai.org

Yes. He can be removed without his resignation. Thats why I suggested you to consult a CA having working knowledge of. Omoamy law. The existing auditor can give explanations and claim hos fee dies, if any. Lae is made to keep the things in right direction. If things are not fair, even a CA can be shown his way out.Hope I gave clue to you

Yes. He can be removed without his resignation. Thats why I suggested you to consult a CA having working knowledge of. Omoamy law. The existing auditor can give explanations and claim hos fee dies, if any. Lae is made to keep the things in right direction. If things are not fair, even a CA can be shown his way out.Hope I gave clue to you


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