Error in ADT-1

[RISHI]

One of my company appointed statutory auditors for 5 years in AGM held in 2014  but while filling up form ADT-1, period is wrongly selected from 01-04-2014 to 31-03-2015 . However period of appointment is filled up as 5 years in form and also resolution enclosed show 5 years appointment in AGM. What to do now as problem is coming in  filling form inc-22a?

[Shrinath Bhat]

Again file ADT-1 with the proper date and clarification letter. 

Regards

Shrinath

On Fri, Apr 5, 2019, 6:05 PM RISHI <rmit...@gmail.com> wrote:

One of my company appointed statutory auditors for 5 years in AGM held in 2014  but while filling up form ADT-1, period is wrongly selected from 01-04-2014 to 31-03-2015 . However period of appointment is filled up as 5 years in form and also resolution enclosed show 5 years appointment in AGM. What to do now as problem is coming in  filling form inc-22a?

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[MADHUMITHA IYER]

Dear Rishiji,

Do not use the word wrongly filled as 01-04-2014 to 31-03-2015, because that is the correct way of filling that particular column.  My interpretation is that a Statutory Auditor is appointed for 5 years but he is going to audit the accounts only for one year at a time and NOT all 5 years in toto.  This is purely a technical error and we professionals need not feel that we have done something wrong.  We have used our interpretation to file Form ADT-1 as of that date. 

[RISHI]

But what to do now?

[MADHUMITHA IYER]

Though it is a matter of interpretation, Form ADT-1 needs to be filed again with Additional Fees.

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[kamlesh gupta]

really, its very difficult to file adt 1 now again with additional filing fees,   mca must give some relaxation in the filing fees of adt1.

[MADHUMITHA IYER]

Absolutely Kamlesji.  Because it is only a matter of interpretation.  CS Institute and CA Institute should take up the matter with the MCA

[Divya Agarwal]

Even filing ADT-1 again from back date correctly as per MCA interpretation, would attract provisions of Section 147(1) of the companies Act, 2013, which may lead to compounding.

On Mon, Apr 8, 2019 at 11:02 AM kamlesh gupta <cskamle...@gmail.com> wrote:

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Thanks & Regards
Divya Agarwal

Company Secretary

Ct No. 7042321297

[Jaya Singh]

Totally agree with you sir, but whether MCA will consider this. We have filed the form ADT-1 for all our clients in this way only. 

Now not sure whether to wait for mca clarification or start filing Form ADT-1 with additional filing fees.

Thanks & Regards,

Jaya Vinay Singh

Practising Company Secretary

[Jaya Singh]

Any solution for this?

Thanks & Regards,

Jaya Vinay Singh

Practising Company Secretary

On Sat, Apr 6, 2019 at 11:07 AM MADHUMITHA IYER <madhumi...@gmail.com> wrote:

[Prakash Nagarajan]

Dear Madam

I came across few of my clients with the same kind of interpretation. The logic is surely right here. But the intent of the proviso is slightly different. If required I can explain you the reason for the same.

At present you have no option left out apart from filing new ADT-1 with late fee. MCA might not provide a resolution for this as it is a error in filing ADT-1.

Regards

CS Prakash Nagarajan

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+91 99766 77277

 

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