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.
Rohini Kashyap (Professional Practice) (37 Points)
11 September 2016Rohini Kashyap (Professional Practice) (37 Points)
11 September 2016
P C Agrawal
(Registered independent director Past Ch)
(8229 Points)
Replied 13 September 2016
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.
Rohini Kashyap
(Professional Practice)
(37 Points)
Replied 14 September 2016
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?
Muralidharan
(Self Employed)
(1034 Points)
Replied 14 September 2016
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