First auditor issue

325 views 8 replies

Puja Agarwal

3 Points Joined December 2016

This is regarding the first year of my Company Audit Issue of Financial Year 2015-16 with my old CA.

I am writing this mail to you, Since I haven't got any response from the Chairperson - WIRC after my meeting with her at ICAI BKC office dated 21st Nov 2016, I have even mailed her and messaged her but there has been no response from her. As per our discussion, she agreed that she will speak to Mr. Uttam about the same and get back to me in two days, but I haven't got any revert from her side till date.

I have disuccused my issue with her of resignation letter for filing ROC, that we have done many follow-ups, phone calls and emails to OLD CA to provide us the resignation letter for ROC filing purpose and to change the auditor as we don’t wish you to continue him as Company’s auditor. There are no dues pending for any work related to statutory audit fee as no audit has been done being first year of the company. We need to complete all statutory compliance of the Company for the Financial Year 2015-16 and unable to get any support and co-operation from his side, we requested him several time to resign as the Statutory Auditors (First Auditors) of my Company "Pearl Talent Management Agency Pvt. Ltd."so that I can appoint new auditor and insure my ROC compliances. As you are aware, the due dates for filing Annual return of the Company is gone and now I have to pay delay charges, as and when it get filed.

Still we havent got any positive revert from his side, Instead he mailed us back saying "I am not available for meeting.since I am not aware anything .you and their consultant (who is his employee) can Handel the matter I am not interested in very small matter." and after requesting several more times, he replied saying "U go ahead with ur action with any court of law", even last week we tried contacting him, He didn't receive our calls and never bothered to call us back. So we have approached you.

Need advice

Replies (8)

Harshit Kabra (INVESTOR)

Student CA final

1113 Points Joined June 2016

hlo puja ,

As firstly , the first auditor should be appointed by board who shall hold his office for 1st annual general meeting.

thereby, another auditor approval can be made in the GM.

but if within the 1st year i.e before filing return of income if ur auditor misbehave or not answer than u can file complain against him by opening this link https://www.icai.org/post.H T M L?post_id=1173

if u have filled return of income timely and maintained proper books of account that stay chill, because theere is auditor's responsibilty to audit the books of account on timely manner also mantain a proper evidence of calls and msgs if ur auditor blame that u have not sent books of account to him.

u can plan for ur next GM .also dont forgot to send copy of complain to Roc.

thnks

Puja Agarwal

3 Points Joined December 2016

Thank you, the link is broken can u pls resend...also I hv mailed it to icai president, vp, secretary before a week, no one has replied back, what can be done ...??

Manoj Parakh

practicing company secretary

24 Points Joined December 2016

let me see your company details tomorrow then we would get the solution

Harshit Kabra (INVESTOR)

Student CA final

1113 Points Joined June 2016

the link is not broken, jst break the space in H T M L as H T M L

then it will, open the link

Harshit Kabra (INVESTOR)

Student CA final

1113 Points Joined June 2016

H T M L is showing with the space...breakout the space then open the link

Dharmesh

Student

1025 Points Joined May 2016

just sack the auditor...dont wait for help from them..if they wanted to help they would have done till now..

Dharmesh

Student

1025 Points Joined May 2016

i guess you can remove the auditor by following procedure as specified in the act..and what more complain to file already you have taken up the matter with the concerned authorities and no surprises they dint revert back to you.

Akash Dhatrak

Student CA Final

7 Points Joined September 2015

a) Removal before the expiry of term[Section 140(1)]- The auditor may be removed from the office before the expiry of his term only by passing a Special Resolution(SR), after obtaining the prior approval of the Central Government(CG). (1) The application to the CG for removal of auditor shall be made in Form ADT-2. (2) The application shall be made within 30 days of passing the resolution in the meeting of the board. (3) The company shall hold a general meeting(EGM) within 60 days of receipt of approval of the CG for passing the SR. It must be mentioned here that before taking any action under this sub-section, the auditor must be given a reasonable opportunity of being heard. In short the Procedure would be: