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Microlesson · 5-min read

Powers and Duties of Auditor — Section 143

# Powers and Duties of Auditor — Section 143

## Key Powers (Rights)

1. Right of Access to Books of Account and vouchers at all times, at the registered office or any other place.

2. Right to require information & explanation from officers of the company.

3. Right to access records of subsidiaries and associate companies — to the extent necessary for consolidation of financial statements.

## Matters of Inquiry — Section 143(1)

The auditor must inquire into:

### A. Loans, Advances and Deposits

  • Whether loans and advances made on the basis of security have been properly secured and whether terms are not prejudicial to interest of company or members.
  • Whether personal expenses have been charged to revenue account.
  • Whether loans and advances have been shown as deposits.

### B. Investments / Assets

  • Whether transactions which are merely book entries are prejudicial to interest of the company.
  • Whether shares, debentures and other securities have been sold at a price less than purchase price.

### C. Allotment of Shares

  • Where company is not an investment/banking company, whether shares allotted for cash have been actually received in cash, and whether the position stated in books and balance sheet is correct, regular and not misleading.

## Auditor's Report — Section 143(3)

The report must state, among other things:

1. Whether he has sought and obtained all information and explanations necessary.

2. Whether proper books of account as required by law have been kept and proper returns adequate for audit have been received from branches not visited.

3. Whether the branch auditor's report has been received and how he dealt with it.

4. Whether the Balance Sheet and P&L Account agree with the books and returns.

5. Whether financial statements comply with Accounting Standards.

6. Observations or comments on financial transactions having adverse effect on functioning of the company.

7. Whether any director is disqualified under Section 164(2).

8. Qualifications, reservations or adverse remarks relating to maintenance of accounts.

9. Whether the company has adequate Internal Financial Controls (IFC) with reference to FS and their operating effectiveness. Applicable to:

  • All Listed Companies, AND
  • Unlisted Public Companies crossing threshold (Paid-up capital ≥ ₹50 cr OR Turnover ≥ ₹500 cr OR Borrowings ≥ ₹25 cr).

10. Other matters prescribed under Rule 11:

  • Whether the company has disclosed impact of pending litigations.
  • Provision for material foreseeable losses on long-term contracts including derivatives.
  • Delay in transferring amounts to Investor Education and Protection Fund (IEPF).
  • Disclosure regarding ultimate beneficiary (funded by/to company).
  • Whether dividend declared/paid complies with Section 123.
  • Features of accounting software — audit trail.

Worked example

### Example 1

Q: The auditor of H Ltd is denied access to records of its subsidiary S Ltd. Comment.

A: Under Sec 143(1), auditor of the holding company has right to access records of its subsidiary to the extent necessary for consolidation of financial statements. S Ltd cannot refuse such access; the auditor should report this in his report under Sec 143(3).

### Example 2

Q: Auditor finds the MD's personal travel ₹3 lakh debited to Travelling Expenses. How should he respond?

A: Under Sec 143(1)(b), auditor must inquire whether personal expenses are charged to revenue account. He should ask management to reclassify; if not done, qualify the audit report.

### Example 3

Q: XYZ Ltd is an unlisted public company with paid-up capital of ₹60 cr. Is IFC reporting required?

A: Yes. IFC reporting on adequacy and operating effectiveness is required because paid-up capital exceeds ₹50 cr (one of the IFC thresholds for unlisted public companies).

⚠️ Common exam mistakes

  • Confusing 'right to access books at all times' with access only during business hours — auditor has unrestricted timing.
  • Forgetting that access to subsidiary records is limited to consolidation purpose.
  • Not reporting on IFC for unlisted public companies that cross the threshold — IFC reporting is NOT only for listed companies.
  • Omitting Rule 11 matters (litigations, IEPF, dividend, audit trail) from the audit report — these are mandatory.
Bare-Act text Section 143(1) and 143(3) · Companies Act, 2013 · click to expand
Section 143(1) — Every auditor shall have right of access at all times to the books of account and vouchers of the company, whether kept at the registered office or at any other place, and shall be entitled to require from the officers such information and explanation as he may consider necessary. Auditor of a holding company shall also have the right of access to the records of all its subsidiaries and associate companies in so far as it relates to the consolidation of its financial statements. The auditor shall inquire into the matters listed in clauses (a) to (f).
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