Page 269 - CA Inter Audit PARAM
P. 269

CA Ravi Taori
                            office of the company or at any other place and he is entitled to require from the officers of the
                            company such information and explanation as he may consider necessary for the performance of
                            his duties as auditor

                        ➢  The right of access is not limited to those books and records maintained at the registered or head
                            office so that in the case of a company with branches, the right also extends to the branch records,
                            if the auditor considers it necessary to have access even if there is separate by auditor under
                            Section143(8).
                     Part III – Case Discussion
                        ➢  In the given case where CA D was appointed as Statutory Auditor of Head office of RJ Ltd and CA
                            M was appointed to conduct Statutory Audit of Branch office of RJ Ltd., CA D wanted to visit
                            Mumbai Branch to verify the inventory records at Mumbai but management of RJ Ltd did not
                            allow CA D to verify the inventory records at its Mumbai Branch on the ground that branch audit
                            was already being undertaken by another CA M.
                     Part IV – Conclusion
                        ➢  Keeping  in  view the  above provisions  of  the  Companies  Act  and facts  of  the  case,  it  can  be
                            concluded that CA D has a right to visit the branch for verifying inventory records at Mumbai even
                            if the branch accounts are audited by another auditor CA M, if he considers it necessary to do so
                            for the performance of his duties as an auditor.


          QNO        Sec-143(8) & 139 (1)- Appointment of Branch Auditor                          Old Course --
          CoAud.74  Bhaskar CNO – CA.140/CA.360                              (P16M/M20R/M21M/SM20/SM21)
                     During the year 2015-16, it was decided for the first time that the accounts of the branch office of AAS
                     Company  Limited  be  audited  by  qualified  Chartered Accountants  other  than the  company  auditor.
                     Accordingly, the Board had appointed branch auditors for the ensuing year. One of the shareholders
                     complained to the Central Government that the appointments was not valid as the Board of Directors
                     do not have power to appoint auditors, be they Company Auditor or Branch Auditors?
                                                                OR
                     "ABC Ltd is a company incorporated in India. It has branches within and outside India. Explain who can
                     be appointed as an auditor of these branches within and outside India. Also explain to whom branch
                     auditor is required to report."
          Answer     Part I -- Relevant Standards & Laws
                        ▪  Section 143(8) of the Companies Act, 2013
                        ▪  Section 139 (1) of the Companies Act, 2013
                        ▪  Rule 12 of the Companies (Audit and Auditors) Rules, 2014,
                     Part II -- Requirements of Relevant Standards & Laws
                        ➢  The  Companies  Act,  2013  leaves  it  to  the  company  to  designate  or  not  to  designate  any
                            establishment  of  the  company  as  'branch  office'.  Under  the  Companies  Act,  2013,  only
                            establishment "described as such by the company" shall be treated as a 'branch office'.


                        ➢  Further, as per Section 143(8) of the Companies Act, 2013,
                                Where a company has a branch office, the accounts of that office shall be audited either by
                                  •  the auditor appointed for the company (herein referred to as the company's auditor)
                                      under this Act or
                                  •  by any other person qualified for appointment as an auditor of the company under
                                      this Act and appointed as such under section 139.

                                Where the branch office is situated in a country outside India, the accounts of the branch
                                office shall be audited either by
                                  •  the company's auditor or
                                  •  by an accountant or by any other person duly qualified to act as an auditor of the
                                      accounts of the branch office in accordance with the laws of that country and the
                                      duties and powers of the company's auditor with reference to the audit of the branch
                                      and the branch auditor, if any, shall be such as may be prescribed.



          www.auditguru.in                                                                                                                       8.39
   264   265   266   267   268   269   270   271   272   273   274