Auditor of f.y. 2013-14

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CA. Ritesh Bafna

PROPRIETOR

145 Points Joined September 2014

hello,

so the situation is that the auditor of F.Y. 2013-14 (already filled form 23B) is disqualified on the commencement of CA 2013, the disqualification creates CV that is filled by Board, no approval required hence no EGM.

ADT 1 is not filled for auditor appointed by board as the same is to be filled on appointment in an AGM or EGM.

now the question:

suppose audit is to be done on 20th sept 2014 and the same is to be presented on 30 the sept 2014

then which auditor will sign the report.?

1. the disqualified auditor? if yes then wont it contraven the provisons of CA 2013

2. the auditor appointed by board? if yes than what will be used as SRN for 23AC and 23ACA as the 23B was filled in name of disqualified auditor.

confused

any suggestions??

thanks

Regards

Replies (2)

CS Mitesh Mehta

Company Secretary

17139 Points Joined January 2009

As per section 139(8) any casual vacancy, shall be filled by the Board within 30 days. If the vacancy has arisen due to resignation of auditor then such appointment shall also be approved by the company at a general meeting convened within 3 months of the recommendation of the Board.

ADT-1 to be filed within 15 days of EGM(since the appointment is not final until approval of members).

The auditor so appointed in casual vacancy will sign the audit report.

CA. Ritesh Bafna

PROPRIETOR

145 Points Joined September 2014

thanks for the reply.. as i have already pointed out the CV is not caused by resignation hence no egm. hence no adt 1 of new auditor. now what to do.??