Disciplinary action against statutory auditor

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We had appointed Statutory Auditor for a period of one year F.Y.2015-16. In spite of providing him Financial accounts for the year he is deliberately not giving us the Audited Balance Sheet. Hence during the AGM on 30.09.2016 the Audited Balance Sheet could not be adopted. The Balance Sheet prepared by him for F.Y.2014-15 was also full of errors. His fees have been paid in full but till date he has not provided us with the Audited Balance Sheet. We have filed a police complaint against him and also with the Disciplinary Directorate ICAI at New Delhi. As his appointment was only for year 2015_16 his appointment has not been renewed. However Company Act 2013 requirement is Auditor resignation in form ADT3 and NOC for appointment of new Auditor. We have not been able to appoint another Statutory Auditor because the present Auditor is not resigning nor submitting NOC for appointment of alternative Statutory Auditor. What action should be taken. He has blocked all our incoming calls and if his office is visited he refuses to cooperate.
Replies (8)
follow procedures laid down under section 140 of the companies act 2013
And it is said "balancesheet was prepared by the auditor"... statutory auditor should not provide accounting services...
Isn't there facility of termination available? Why assessee should suffer only because auditor is not resigning?

The Statutory Auditor has to submit an Audited Balance Sheet and P&L account along with Audit report. The Accounts were prepared by us and submitted for Audit to him. The Audited Balance Sheet submitted by him was full of errors

we have follow section 140 route to remove from the office of auditor
section 140 is the only way forward. i dont see any other alternative solution.
i am really sorry. since he was appointed only for the FY 2015-16, section 140 will not come in to picture.
As he cannot hold the office of auditor anymore


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