Section 143 of the Companies Act, 2013

Section 143 of the Companies Act, 2013 outlines the powers and duties of auditors and auditing standards.

Section 143 – Powers and Duties of Auditors and Auditing Standards

Key Provisions:

Right of Access:

The auditor of a company has the right to access all books of account, vouchers, and other records of the company at all times.

Right to Information:

The auditor may require information and explanation from:

The company’s officers,

Subsidiaries, and

Associate companies, as necessary for auditing.

Reporting Duties:

The auditor must make a report to the members of the company on:

Whether the accounts give a true and fair view,

Whether they comply with accounting standards, and

Other matters prescribed under the law.

Fraud Reporting (Section 143(12)):

If the auditor finds any fraud committed or suspected, he must report it:

To the Central Government if the fraud is above the prescribed amount (currently ₹1 crore),

To the Audit Committee/Board if below the threshold, and disclose in the auditor's report.

Audit of Government Companies:

For companies where the Central or State Government holds 25% or more shares, the Comptroller and Auditor-General (CAG) of India appoints the auditor.

The auditor must submit the report to the CAG, who may conduct a supplementary audit.

Auditing Standards:

The auditor shall follow the auditing standards recommended by the Institute of Chartered Accountants of India (ICAI) and notified by the Central Government.

Penalties for Contravention:

If an auditor contravenes provisions knowingly or willfully:

Fine between ₹1 lakh to ₹25 lakhs,

May also face imprisonment in case of fraud under Section 147.

📌 Example:

If an auditor detects manipulation of revenue by the management and fails to report it, he may be penalized under Section 143(12) and Section 147.

 

LEAVE A COMMENT

0 comments