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At the outset, it is relevant to note that there is no requirement for an auditor to secure a no objection from the previous auditor. Therefore, the premise that respondent no.3 required to obtain a "no objection certificate" from the petitioner, is fundamentally flawed. The only requirement is that the Chartered Accountant, who accepts the position as an auditor, must communicate with the previous auditor about the same.

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Section 22 of Institute of Chartered Accountants Act, 1949 — Professional or other Misconduct — There is no requirement in terms of clause (8) of First Schedule of Act for an auditor to secure a no objection certificate from previous auditor as only requirement is that CA who accepts position as an auditor must communicate with previous auditor about same— Ssay & Associates vs. ICAI [2019] 267 Taxman 370 (Delhi)

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