Worked Solution
✓ VerifiedApplicable Provision: Under Section 140(2) of the Companies Act, 2013, when an auditor resigns from a company, he/it is required to file a statement in the prescribed form (Form ADT-3) with the company and the Registrar of Companies within 30 days from the date of resignation, indicating the reasons and other relevant facts relating to the resignation.
In the given case, Post Inc Case Co. resigned as auditor of PS Ltd. but failed to file the requisite statement with the company and the Registrar, thereby committing non-compliance of Section 140(2).
Penalty for Non-Compliance — Section 140(3) of the Companies Act, 2013:
Note: The penalty for non-compliance of Section 140(2) is prescribed under Section 140(3) (not Section 140(5), which relates to Tribunal-directed removal in case of fraudulent conduct). The question likely refers to Section 140(3) in this context.
As per Section 140(3), the auditor who fails to comply with Section 140(2) shall be liable to a penalty of:
(i) Initial Penalty: ₹50,000 or an amount equal to the remuneration of the auditor, whichever is less.
Remuneration of Post Inc = ₹1,40,000
Comparison: ₹50,000 < ₹1,40,000
Initial Penalty = ₹50,000
(ii) Continuing Default Penalty: In case of continuing failure, a further penalty of ₹500 per day for each day after the first during which the failure continues, subject to a maximum of ₹5,00,000.
Maximum Total Penalty = ₹50,000 + ₹5,00,000 = ₹5,50,000
Therefore, Post Inc Case Co. is liable to an initial penalty of ₹50,000 (being lower than the remuneration of ₹1,40,000), plus a continuing default penalty of ₹500 per day, subject to a ceiling of ₹5,00,000, making the maximum total penalty ₹5,50,000.
Write it like this
1The skeleton
- Nail Section 140(2) first — one line stating the resignation-filing obligation and Form ADT-3 within 30 days; examiners look for the provision before the facts, so lead with it.
- Apply facts in one crisp sentence — 'Post Inc resigned but failed to file the requisite statement with the company and the Registrar, thereby violating Section 140(2)'; this bridges law to facts and signals structured thinking.
- Correct the section number before calculating — the question says 140(5) but penalty for non-filing on resignation sits in Section 140(3); flag this correction explicitly or you look like you blindly followed a wrong prompt.
- Show the whichever-is-less comparison as a mini-table — write ₹50,000 vs ₹1,40,000 side by side; examiners award a step mark here even if your final answer is wrong.
- State continuing default separately — ₹500/day subject to ₹5,00,000 ceiling is a distinct calculation line, not a footnote; writing it on its own line gets you the second step mark.
- Close with the total ceiling figure — ₹50,000 + ₹5,00,000 = ₹5,50,000 as the maximum total penalty; examiners want the synthesis, not just the components.
2Examiner-rewarded phrases
3Common trap
Heads up — most students never question the section number in the question and happily write 'Section 140(5)' as the penalty provision throughout; 140(5) is about Tribunal-directed removal for fraud, not resignation filing default, and using the wrong section can cost you the entire provision-marks even if your penalty math is perfect.