ESIC Act Applicability on charitable trust Hospital

CA.Murtuza Raotiwala (Querist) 11 October 2017 This query is : Resolved
ESIC Assessing officer raised notice against charitable trust hospital running day care clinic for Eyes, ENT, dental patient that you are above the limit as per ESIC act , you have to register yourself under this Act.

Our ground of arguments is that we have 6 full time employees and 5 doctors who are not full time employee , they are providing their consultancy through this charitable hospital. For their services we have agreed to share our fees with them on 50-50 basis but AO not convinced with us and raised demand of recovery for last three years ESIC due @ 6.5%.

So we want to challenge this order u/s 45AA under ESIC Act, to prove ourself we have to prepare ground of appeal with suitable caselaw plz provide relevant facts to cover this ground , what shall we do next ?

Thabks

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Rajendra K Goyal (Expert) 11 October 2017
Discuss with some experienced lawyer locally. Case law not provided.

Kumar Doab (Expert) 11 October 2017
Approach a very able senior LOCAL counsel/Law firm of unshakable repute and integrity specializing in Labor matters and having successful track record.

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