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April 2023

Corporate Law Corner Part A : Company Law

By Pramod Prabhudesai | Vinod Agrawal, Chartered Accountants
Kaushik M. Jhaveri, Company Secretary
Reading Time 7 mins
1 Case law no. 01/April 2023 Sonasuman Constech Engineers Pvt Ltd ROC/PAT/SCN/143/36124 Office of the Registrar of Companies, Bihar-Cum-Official Liquidator, High Court, Patna Adjudication order Date of order: 04th January, 2023 Adjudication order for penalty for violation of section 143 of the Companies Act, 2013 on Auditors for non-reporting of non-compliance by SCEPL in the Audit report. FACTS SCEPL was incorporated on 30th October, 2017 having its registered office at Patna. RK – KV and Associates were the Auditors for the financial years ending 31st March, 2018, 31st March 2019 and BKJ – BJ and Associates for financial year ending 31st March, 2020 as per the MCA Portal and AOC-4 filed by SCEPL. The Registrar of Companies, Bihar-Cum-Official Liquidator, High Court, Patna (‘RoC’) had issued a show cause notice to the abovementioned Auditors for default under section 143 of the Companies Act, 2013 for which no reply was received. As per Section 129(1) of the Companies Act, 2013, the financial statements shall give a true and fair view of the state of affairs of the Company, comply with the accounting standards notified under section 133 and be in the form as provided in Schedule III. The Auditors failed to comment on the following:
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