Question

Others 895 views 5 replies

Guest

My question;

PROVISION

Disqualified for being an auditor;

A partner or employee of an officer or employee of the company.

My question is not real it is an example created by my own self.......

---If a company's work is done in 26 places of India. Now in 2003 Mr.X is Chartered accountant in mumbai. He has partenership business with one of the emplyee of the company of fast food in surat. The employee is also working in surat for that company. Now audit is conducted and all the procedures have been finished for 2003,the auditor doesnt know that the partner is employee is surat branch. Now this matter comes into light in 2010. Then what will happen?

Thank you everyone whosoever replies me.

Replies (5)

Guest

Hey dude ..question was nice..if an auditor is A partner or employee of an officer or employee of the company.then he will be disqualified..since he is not the employee of the company he audited..he is eligibe to do audit...if so the auditor is in partnership business mean CA firm..if so the partnership firm is appointed as auditor to company since the partner of the partneship firm is employee the firm of CA will be disqalified from the audit..

Since it came into loght on 2010..again the papers will be audited by another auditor i guess..or company will be sued for breach of rule..i guess.

CA Saroj Kumar

Keen to learn something new every moment

2588 Points Posted on 26 April 2011

sasanka is right

the said auditor can be liable sued against him

for professsinal misconduct.

U S Sharma

glidor@gmail.com

21068 Points Posted on 26 April 2011

an employee of any company can not do business elsewhere without knowledge of employer, in such case the legal complication of "competence with employer" would arise,

chcek the from 12B or any such document submitted to company by that employee for that perticular period in surat and go for legal settlement.

CA. A. K. GUPTA

HOD (Accounts Dept)

1426 Points Posted on 26 April 2011

yes, this is the case of professional misconduct because the auditor has not complied with the requriement of co. act,1956.

disciplinary action will taken against the auditor on complaint made by the company.

i think the accounts of 2003 will be again audited by another auditor and the victim auditor should take the copies of audit report and a written representation will be given to registrar. (only my opinion)