Guidance and exmption request of penalty u/s 92(5) for late filing annual returns of previous years due to professional negligence of company ca.

Filing annual return is the responsibility of the  company and not the auditors.  You can file  pending returns now and then file application for compounding of offence.

Dear Sir,

We had appointed a Chartered Accountant for this purpose. CA was never intimate to the company.

Can we claim a case of professional misconduct and serious negligence against CA and complain to the company affairs ministry also?

What was the directors doing all along these three years. They have a duty to check whether the annual accounts and annual returns are filed within the due dates. They should have prevailed upon the CA to ensure that the returns are filed without any delay. Without knowing the exact nature of the relationship between the CA and the company we cannot comment or give reply on the proposed action to be initiated against the CA. As regards ministry of corporate affairs they will initiate proceedings only against the company and its directors. First take steps to file the forms with penalty. As suggested you can go for compounding.

with regards

Murali