Statutory Audit: Meaning, Applicability, and Legal Framework (Simplified Guide)
In India, statutory audits are governed by the Companies Act, 2013 and various rules and regulations issued by regulatory authorities
MINISTRY OF CORPORATE AFFAIRS
CA Prachi Gupta
5/30/20252 min read


๐ Statutory Audit: Meaning, Applicability, and Legal Framework (Simplified Guide)
๐งพ A Statutory Audit is an audit mandated by law to check whether the financial records of an organization give a true and fair view of its financial position
๐ข It is conducted by a qualified Chartered Accountant (CA) who is independent of the organization
๐งโโ๏ธ In India, statutory audits are governed by the Companies Act, 2013 and various rules and regulations issued by regulatory authorities
๐ It applies to all companiesโprivate and publicโregistered under the Companies Act
๐ Applicability of Statutory Audit
๐ Under the Companies Act, every company (except One Person Company) is mandated to get its accounts audited annually
๐ It applies regardless of turnover, profit or loss, or business activityโeven if there is no transaction in the financial year
๐งโ๐ผ Appointment of Statutory Auditor
๐ As per Section 139 of the Companies Act, 2013
๐
The first auditor must be appointed by the Board of Directors within 30 days of incorporation
๐ฅ If not appointed, then the members (shareholders) must appoint the auditor within 90 days at an Extraordinary General Meeting (EGM)
๐๏ธ Every company is required to appoint an auditor for a 5-year term, subject to ratification by members at every AGM
๐ Audit Report
๐๏ธ The auditor gives an audit report that is presented at the Annual General Meeting (AGM) of the company
๐ This report is based on the examination of the companyโs books, records, financial statements, and internal control systems
๐ The audit report reflects whether the financial statements give a true and fair view in compliance with the accounting and legal standards
โ๏ธ Penalty for Non-Compliance
๐ซ If a company fails to appoint an auditor or does not comply with statutory audit provisions, it may be liable for penalties
๐ฐ The company may face a fine ranging from โน25,000 to โน5 lakh
๐ Officers in default can also be punished with fine or imprisonment or both, depending on the severity of the default
๐ผ Practical Tip from My Desk
๐ In my years of CA practice, Iโve seen businesses underestimate the importance of statutory audits until a notice lands on their desk
๐ก An audit isnโt just about ticking compliance boxesโitโs about discovering red flags, improving governance, and building financial trust
โ
My advice: Donโt just โget it doneโโuse it to improve your financial health
โ FAQs on Statutory Audit
โ Is statutory audit applicable to all companies?
๐ Yes, every company other than One Person Company needs to get a statutory audit done, irrespective of turnover
โ Is statutory audit different from tax audit?
๐ Yes. Statutory audit is as per Companies Act and applies to companies, while tax audit is as per Income Tax Act and applies based on turnover
โ Who can be appointed as a statutory auditor?
๐ Only a practicing Chartered Accountant (CA) or a CA firm
โ What is the time limit for auditor appointment?
๐ First auditor: within 30 days by board, else within 90 days by members at EGM
โ Whatโs the penalty for non-compliance?
๐ Fine from โน25,000 to โน5,00,000 for the company, and officers may face jail time in serious cases
๐งญ Letโs make compliance easy and valuable
Need help with your companyโs audit? Iโm just a message away
๐ www.prachiguptaassociates.com
๐ง support@prachiguptaassociates.com
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