KK Pvt. Ltd. was formed in the year 2016 with a paid-up capital of ₹ 2 crore. The company is manufacturing solar panel and other electronic parts and supply to the public sector company. In the year 2020, the company rai

CS Professional · Compliance Management, Audit and Due Diligence · PYQS · June 2024
KK Pvt. Ltd. was formed in the year 2016 with a paid-up capital of ₹ 2 crore. The company is manufacturing solar panel and other electronic parts and supply to the public sector company. In the year 2020, the company raised the paid-up capital to ₹ 10 crore and turnover during 2019-20 was ₹ 90 crore and Bank Loan including overdraft limit was ₹ 50 crore. During the year 2021-22 the company decided to expand the business especially Solar Panel manufacturing business and for this company took loan of ₹ 60 crore from the Banks and established another unit. Turnover of the company is increased to ₹ 180 crore during the financial year 2021-22. D has been the duly appointed the Company Secretary of the company since 2016. D in one of the meetings on 10th May 2022 held with the MD and the CFO of the company, briefed that Internal Audit has to be conducted by the company but the MD was of the view that the KK Pvt. Ltd. was a private company and there was no need of conducting Internal Audit. Citing the relevant provisions of the Companies Act, 2013 examine whether KK Pvt. Ltd. was required to conduct the Internal Audit. If yes, by whom?

Answer & Explanation:

The concept of the Internal Audit has been recognized as a statutory exercise under Section 138 of the Companies Act, 2013 and has been made mandatory. As per Rule 13 of Companies (Accounts) Rule, 2014 every private company having: Turnover of two hundred crores rupees or more during the preceding financial year; or Outstanding loans or borrowings from banks or public financial institutions exceeding one hundred crores rupees or more at any point of time during the preceding financial year. Shall be required to appoint an Internal Auditor who may be either an individual or a partnership firm or a body corporate. In the case of KK Pvt. Ltd., the turnover was of ₹180 crore and total outstanding loan was to the tune of ₹110 crore (i.e. 50 crore + 60 crore) during the financial year 2021 -22. As the KK Pvt. Ltd. is having outstanding loan exceeding the limit of ₹100 crore during the year 2021-22 therefore the contention of D is correct and a company is required to go for Internal Audit for the year 2022-23 which might be conducted by appointed an Internal Auditor who might be either an individual or a partnership firm or a body corporate.

Topics: Companies Act, 2013 / Internal Audit

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