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punishment for auditor

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Rahul jain

6 Points Posted on 02 August 2018

sec.147 punishment for auditor for contravention of sec.139,143,144,145
minimum fine -25000
maximum fine -500000
but sec.143(15) non compliance of auditor responsibility about reporting of fraud states
minimum fine -100000
maximum fine -2500000
How much be the fine imposed on auditor in case of non reporting of fraud ?

Replies (1)

Ismail Shekh

57 Points Posted on 06 August 2018

Provision of Sub-section (15) of section 143 is specific section.It overrides the provision of sub-section (2) of section 147.

As per the rules of interpretation the provisions of an Act are to be interpreted keeping in view the object of enactment of that Act.

Sub-section (12) of section 143 is related to Reporting of Fraud to Central Government.

If we Analyse sub-section (15) of section 143 and sub-section (2) of section 147 simultaniousely,The Government has given more penalty in former,so that no professional fail to report fraud,with his knowledge,which is being or has been committed.

So answer to your question is,if auditor has contravened sub-section (12) of section 143 then penalty given under (15) of section 143 would be applicable.

And in contravention of any other provision specified in sub-section (2) of section 147 penalty given under that sub-section would be applicable.