During the course of audit of PEC Limited, CA Guru has reason to believe that a fraud involving 75 lakhs has been committed in the company by its…

CA Final · Advanced Auditing, Assurance and Professional Ethics · MTP · November 2024
During the course of audit of PEC Limited, CA Guru has reason to believe that a fraud involving 75 lakhs has been committed in the company by its employees. Is CA Guru under statutory obligation to report the above matter to Central government by filing prescribed form on MCA Portal? How should he proceed to report above said matter?

Suggested Answer and Working Notes:

As per section 143 (12) of the Companies Act, 2013 read with Rule 13 of the Companies (Audit and Auditors) Rules, 2014, if an auditor of a company in the course of the performance of his duties as auditor, has reason to believe that an offence of fraud, which involves or is expected to involve individually an amount of 1crore or above, is being or has been committed in the company by its officers or employees, the auditor shall report the matter to the Central Government within such time and in such manner as prescribed. In the given case, CA Guru has reason to believe that a fraud involving 75lakhs has been committed in the company by its employees. Therefore, he is under no statutory obligation to report this matter to Central Government by filing prescribed Form (ADT-4) on MCA portal. In case of a fraud involving lesser than the specified amount [i.e. less than 1 crore], the auditor shall report the matter to the audit committee constituted under section 177 or to the Board in other cases within such time and in such manner as prescribed. Besides, auditor has obligation to report matters pertaining to fraud under clause (xi) of paragraph 3 of CARO, 2020.

Topics: CARO 2020

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