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Statutory auditor's death

SWARUP SARKAR (PRACTISING CS) (59 Points)

04 March 2014

Dear all,

Can anyone suggest me the steps to be taken when the statutory auditor died after uploading tax audit, but before filing balance sheet?

CS Swarup Sarkar

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5 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 06 March 2014

The Board can fill casual vacancy u/s 224(6)(a) of CA 1956.

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SWARUP SARKAR (PRACTISING CS) (59 Points)
Replied 06 March 2014

But, the accounts has been audited and signed by the expired auditor and tax audit has been uploaded.

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 07 March 2014

So where is the problem is not clear. Pl specify with details.

SWARUP SARKAR (PRACTISING CS) (59 Points)
Replied 08 March 2014

Dear Agarwal sir,

23B was not filed and so it will remain as such. Balance sheet will be filed now, but 23B will not be filed for 12-13. For 13-14 fresh auditor will file 23B. Is there any problem if 23B for 12-13 remain unfiled? Filing 23B is the responsibility of auditor, not the company. So, I think, there should not be any problem.

CS Swarup Sarkar.

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 08 March 2014

Mr Sarkar you are right. Filing Form 23B is responsibility of auditor and not of company. You can file Form 23AC/23ACA giving SRN of Form 23B as Z99999999.

As regards new auditor, he is not required to file 23B on filling up casual vacancy by Board. He has to file only after appointment in AGM [Ref.Sec.224(1A)].

Thanks