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Sec 143--Fraud Reporting Cost                         Old Course – (M16M,N17E, M18M, M19R)
        QNO      Accountant Did Not Report to
        340.000  Government
                 TITANIUM CNO—CA.040
                 An auditor observed a fraud committed by an employee of the company. State the manner and timing of
                 reporting of the fraud by the auditor.
                                                             OR
                 In the course of audit of Kishan Ltd. for the financial year 2015-16, its auditor M/s Zen & Co. observed
                 that the management has passed certain forged transactions against the company amounting to Rs. 50
                 lakh  at  the  year  end.  Suspecting  fraud,  the  auditors  requested  explanations  and  documentary
                 supporting, for which the management remained silent. You are required to guide the auditor of the
                 company stating the fraud reporting requirements as provided under the Companies Act, 2013.
                                                             OR
                 QNO 341.000 Sec 143--Fraud Reporting Case of General Manager
                 Q You have been appointed statutory auditor of a company for the financial year ended 31st March 2017
                 in place of the retiring auditor. During the course of audit, you observe that a fraud had been committed
                 by a general manager who retired in March 2017. While going into further details, it was found that the
                 fraud was going on since last 2-3 years and the total amount misappropriated was likely to exceed ` 100
                 lakhs. As statutory auditor, what would be your reporting responsibilities to the government?
                                                             OR
                 QNO 341.100 Sec 143--Fraud Reporting Cost Accountant Didn’t Not Report to Government;
                 Q  RX  Ltd.  is  a  sugar  manufacturing  company.  The  company  appointed  Mr.  Suresh,  a  practicing  cost
                 accountant, to conduct cost audit of its cost records under section 148 of the Companies Act, 2013. While
                 conducting audit, Mr. Suresh found some misstatement resulting into fraud committed by the officers of
                 the  company  amounting  rupees  1.5  crore.  However,  he  did  not  report  the  matter  to  the  Central
                 Government believing that liability for such reporting lies only with statutory auditor of the company.
                 Advise.
        Answer  Part I -- Relevant Section & Laws
                    ▪  As per Section 143(12) of the Companies Act, 2013 to be read with Rule 13,Companies (Audit and

                        Auditors)Rules, 2014.
                 Part II -- Requirements of Relevant Section & Laws
                    ➢  Section 143(12) of the Companies Act, 2013 to be read with Rule 13,Companies (Audit
                        and Auditors)Rules, 2014.
                        If an auditor of a company, in the course of the performance of his duties as statutory auditor, has
                        reason  to  believe  that  an  offence  involving  fraud  is  being  or  has  been  committed  against  the
                        company by officers or employees of the company, he shall immediately report the matter to the
                        audit committee (in case amount involved in is less than ` 1 crore) within 2 days of his knowledge
                        and  he  shall  report  the  matter  specifying  the  Nature  of  Fraud  with  description,  Approximate
                        amount involved; and Parties involved.

                        Further, if the offence of fraud, which involves or is expected to involve individually an amount of `
                        1 crore or above, the auditor shall report the matter to the Central Government.

                        The manner of reporting the matter to the Central Government is as follows:
                               The auditor shall report the matter to the Board or the Audit Committee, as the case may
                               be, immediately but not later than 2 days of  his knowledge  of the fraud, seeking their
                               reply or observations within 45 days;
                               On receipt of such reply or observations, the auditor shall forward his report and the reply
                               or observations of the Board or the Audit Committee along with his comments (on such
                               reply or observations of the Board or the Audit Committee) to the Central Government
                               within 15 days from the date of receipt of such reply or observations;
                               In  case  the  auditor  fails  to  get  any  reply  or  observations  from  the  Board  or  the  Audit
                               Committee  within  the  stipulated  period  of  45  days,  he  shall  forward  his  report  to  the
                               Central Government along with a note containing the details of his report that was earlier
                               forwarded to the Board or the Audit Committee for which he has not received any reply or
                               observations;
                               the report shall be sent to the Secretary, Ministry of Corporate Affairs in a sealed cover by

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