Resignation by Auditor after reporting of Fraud u/s 143(12)

[Aanchal Chopra]

Dear Members

The Auditor of a Company became aware about the fraud being committed by the Managing Director of the Company and his allies through the shareholder of the Company. An email was sent asking for further information from the Board and Managing Director. The Board failed to reply to the email  while the Managing Director responded with an explanation and supporting documents, which were not to the satisfaction of the Auditor. 

The Auditors have now reported the matter to the Ministry followed by an email in the relevant form. Please guide  if after reporting the matter to the Ministry u/s 143(12) and Rule 13 of the Companies (Auditor and Auditors) Rules, 2014, the Auditor can file his resignation citing reasons for resigning. 

regards

CS Aanchal Chopra

[CS SAIBAL CHANDRA DUTTA]

Dated : 3rd July, 24 Wednesday.

Respected Ma'am,

Please find the attachments for your ready reference.
Kindly refer to section 140 of Companies Act as amended.
As the auditor had already intimated the Central Government relating to Fraud. 
Now, the auditor is required to send the Resignation letter to the company and file ADT 3 in the MCA portal.

Please also refer to Section 143 read with Rule 13 of Companies (Audit and Auditors Rules, 2014, The Companies Auditor's Report Order ( CARO) 2020 ( clause xi ) and also SA 240 issued by The Institute of Chartered Accountants of India ( ICAI ) relating to The Auditor's Responsibilities Relating to Fraud in an Audit of Financial Statements.

Please feel free to email regarding any query.

Warm Regards,

Yours' Sincerely,

For Saibal Chandra Dutta & Associates, 

CS Saibal Chandra Dutta.

Company Secretary ( ICSI ), Accounting Technician ( ICAI ), B. Com ( H ), GST Practitioner.

Membership No. : A55821 

Certificate of Practice No. : 22711 

Unique Code Number : I2019WB2013800

Company Secretaries.

Unique Code Number ( for Trade Name registered with ICSI ) : S2019WB713000

GST Number : 19CFVPD5729M1ZL

GST Practitioner Enrolment Number : 191900005088GPA 

Professional Tax Enrolment Number : 192141437612

MSME UDYAM Registration No : UDYAM-WB-10-0018001

Exports - Imports, Customs, DGFT, Income Tax, TDS, TCS, GST ( Including GST Audit, GST Litigation ), MCA ( Including Secretarial Audit, Internal Audit ), ROC, Accounts, Professional Tax, RBI, FEMA, Legal, Project Report, Financial Services, MSME, eTender, Mining, Business Advisor, Overseas Business Setup Consultants.

+91 8777879760 / +91 9903062312

Passport Number : Z5984537

https://twitter.com/Saibal_Ch_Dutta  

https://www.instagram.com/saibalchandradutta3787/  

https://www.facebook.com/saibal.chandradutta  

https://www.linkedin.com/in/cs-saibal-chandra-dutta-643815a9/  

Head Office :

3 / 1 A & B, Shyama Charan Dey Street ,

( College Street ),

Kolkata - 700 073. West Bengal. India.

 

P Think about the Environment before printing this e-mail .

 "This e-mail is confidential and may contain legally privileged information.  If you are not the intended recipient, you should not copy, distribute, disclose or use the information it contains. Please e-mail the sender immediately and delete this message from your system . "  

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CAA6pNeAW_RycBOuAvRUNHkBaBfA%2Bjn8K9BSz0U3JSn0d%2BUzU%3Dg%40mail.gmail.com.