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

๐Ÿ“˜ Statutory Audit: Meaning, Applicability, and Legal Framework (Simplified Guide)

๐Ÿงพ 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

๐Ÿข It is conducted by a qualified Chartered Accountant (CA) who is independent of the organization

๐Ÿง‘โ€โš–๏ธ In India, statutory audits are governed by the Companies Act, 2013 and various rules and regulations issued by regulatory authorities

๐Ÿ” It applies to all companiesโ€”private and publicโ€”registered under the Companies Act

๐Ÿ“Œ Applicability of Statutory Audit

๐Ÿ“† Under the Companies Act, every company (except One Person Company) is mandated to get its accounts audited annually

๐Ÿ“Š It applies regardless of turnover, profit or loss, or business activityโ€”even if there is no transaction in the financial year

๐Ÿง‘โ€๐Ÿ’ผ Appointment of Statutory Auditor

๐Ÿ“‹ As per Section 139 of the Companies Act, 2013
๐Ÿ“… The first auditor must be appointed by the Board of Directors within 30 days of incorporation
๐Ÿ‘ฅ If not appointed, then the members (shareholders) must appoint the auditor within 90 days at an Extraordinary General Meeting (EGM)

๐Ÿ—“๏ธ Every company is required to appoint an auditor for a 5-year term, subject to ratification by members at every AGM

๐Ÿ“œ Audit Report

๐Ÿ–‹๏ธ The auditor gives an audit report that is presented at the Annual General Meeting (AGM) of the company

๐Ÿ“ˆ This report is based on the examination of the companyโ€™s books, records, financial statements, and internal control systems

๐Ÿ“Œ The audit report reflects whether the financial statements give a true and fair view in compliance with the accounting and legal standards

โš–๏ธ Penalty for Non-Compliance

๐Ÿšซ If a company fails to appoint an auditor or does not comply with statutory audit provisions, it may be liable for penalties
๐Ÿ’ฐ The company may face a fine ranging from โ‚น25,000 to โ‚น5 lakh
๐Ÿš” Officers in default can also be punished with fine or imprisonment or both, depending on the severity of the default

๐Ÿ’ผ Practical Tip from My Desk

๐Ÿ” In my years of CA practice, Iโ€™ve seen businesses underestimate the importance of statutory audits until a notice lands on their desk
๐Ÿ’ก An audit isnโ€™t just about ticking compliance boxesโ€”itโ€™s about discovering red flags, improving governance, and building financial trust
โœ… My advice: Donโ€™t just โ€œget it doneโ€โ€”use it to improve your financial health

โ“ FAQs on Statutory Audit

โ“ Is statutory audit applicable to all companies?
๐Ÿ‘‰ 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?
๐Ÿ‘‰ 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?
๐Ÿ‘‰ Only a practicing Chartered Accountant (CA) or a CA firm

โ“ What is the time limit for auditor appointment?
๐Ÿ‘‰ First auditor: within 30 days by board, else within 90 days by members at EGM

โ“ Whatโ€™s the penalty for non-compliance?
๐Ÿ‘‰ Fine from โ‚น25,000 to โ‚น5,00,000 for the company, and officers may face jail time in serious cases

๐Ÿงญ Letโ€™s make compliance easy and valuable
Need help with your companyโ€™s audit? Iโ€™m just a message away

๐ŸŒ www.prachiguptaassociates.com
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