MEMBERS PLEASE HELP,
We were called for personal hearing at ESI dept,
We submitted the necessary papers as proof of salary paid and other expenditures
Then I received an order from ESI levying duty on SALARY PAID TO EMPLOYEES AND ON REMUNERATION TO PARTNERS.
We have no proble paying ESI duty on SALARY TO EMPLOYEES but ESI on PARTNERS REMUNERATION is totally unjustified.
Although I found a case law which states as
"Partner is not an 'employee' - Partner is not an 'employee', even if he is drawing regular wages - ESIC v. Ramaiya Match Industries AIR 1985 SC 278."
Required
1) The above discussed case.
2) Suggestion what should be my counter allegation.
Please help.
