Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Companies Law - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

HC quashed criminal complaints against individual auditor for ...


Auditor Cleared: Technical Reporting Gaps Do Not Warrant Criminal Prosecution Under Companies Act Section 143

May 15, 2025

Case Laws     Companies Law     HC

HC quashed criminal complaints against individual auditor for alleged non-compliance with Companies Act section 143, finding prosecution malicious. The court determined that failure to specify exact degree of relationship in related party transactions does not constitute a prosecutable offense. The court held that the auditor, joined individually without the audit firm, should not face trial. Consequently, all criminal enquiries and consequential proceedings against the petitioner were set aside, effectively exonerating the individual from potential legal action related to accounting standard violations.

View Source

 


 

You may also like:

  1. Companies (Auditor's Report) Order, 2016 - Notification

  2. The National Financial Reporting Authority (NFRA) held that the auditor committed professional misconduct u/s 132(4) of the Companies Act, 2013 and Section 22 of the...

  3. Valuation- inter-connected undertaking - related parties or not - applicability of doctrine of mutuality of interest - The fact that Appellant 1 and Appellant 2 were not...

  4. Statutory Auditor (Chartered Accountant), Cost Auditor or Secretarial Auditor has to report the fraud in the company in the prescribed manner. - Notification

  5. Powers and duties of auditors and auditing standards - auditors shall have access to accounts and records associate companies along with subsidiary companies - Section...

  6. SC held that the criminal prosecution against the appellant is unsustainable on multiple legal grounds. The proceedings were barred by res judicata as the underlying...

  7. Offences punishable u/s 276C(1) & 277 - jewellery found during search - adjudication proceedings and criminal prosecution are inter-dependend or not - The High Court...

  8. Validity of prosecution proceedings under GST - fake invoices - In view of the scheme of the Act, this Court has no hesitation to hold that in the cases of present...

  9. Seeking restoration of name of the company on ROC - failure to file the Financial Statement and Annual Returns since incorporation - Section 252 of Companies Act, 2013 -...

  10. Continuation of criminal proceedings as against company no longer in existence/ dissolved/ amalgamated - Protection u/s 32 of IBC - The High Court held that, A2 has...

  11. New and Revised Auditors’ reporting standards (w.e.f. accounting periods starting 01/04/2018)

  12. Adoption of special auditor's report only in part - estimation made on the assessment - validity of audit report based on sampling made by the Auditor - Auditing and...

  13. Proposed Amendments in the Companies Act, 2013 - as per the report of the Companies Law Committee

  14. Proposed Amendments in the Companies Rules - as per the report of the Companies Law Committee

  15. Prosecution proceedings against the Auditor of the company - The High Court has materially erred in holding that on resignation of auditors – BSR & Deloitte and on...

 

Quick Updates:Latest Updates