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kalaivani   27 June 2016

Pf regarding

Dear Sir, M'am, We are having sole propritorship concern, my husband is the proprietor, one day an inspection from PF office came and they have asked us to come for hearing my husband went to two such hearings and produced needed documents in the second hearing, after that too we got call letters from the PF office , having some important commitments and appointments my husband couldn't appear on those calls, after that we got order from PF office that we have to pay some amount (in lakhs) issued by Assistant commissioner, so now we need to move further. Is there any move that we can do? if so whom we have to approach how, (like seeking justice from high court to supreme court).


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 7 Replies

Kumar Doab (FIN)     27 June 2016

You may show all dcos on record to a very able counsel specializing in  such/PF/labor law/service matters, ASAP, without any delay.

If you have not committed any violation then appeal can be a remedy. 

If you have committed a violation then penalties will keep on rising.

In that case it shall be better to pay.

NO court may grant any relief.

Don't delay.

Consult ASAP.

 

Sudhir Kumar, Advocate (Advocate)     28 June 2016

Not able to agree or disagree with Mr Doab.

 

You have not at all spelt out any fact.

You told that

"sole propritorship"

"inspection from PF office

 

"two  hearings"

 

"produced documents"

 

"call letters from the PF office" ,

 

"couldn't appear"

 

"got order from PF office that we have to pay some amount (in lakhs)

"issued by Assistant commissioner,"

 

You never said that

 

How many employees you are employing ?

 

Whether at any time employee strength came to 20 (inclduing daily wagers/partimer/ adhoc / outsourced/ homeworkers) even for a single day?

 

How much wage component you are claiming in Income Tax return?

 

When your husband or his rperesentative did not attend hearing the APFC was competent to issue his arrest warrant whether he did so?

 

How old is the assesement?

How olds was default?

Since the start of business how did you manage to evade PF liability?

What records were demanded?

What records were shown?

Kumar Doab (FIN)     28 June 2016

@ Kalaivani,

 

Mr. Sudhir Kumar is expert on PF matters and has posted for the benefit of many querist of PF matters, at LCI.

 

You may reply pointwise. 

 

 

Kumar Doab (FIN)     28 June 2016

Dear Mr. Sudhir Kumar,

 

 

It seems that your impression is APFC has written to pay penalty without noting violation.

Can APFC write to pay penalty without evidence of violation!

 

 

Sudhir Kumar, Advocate (Advocate)     28 June 2016

She has intimated the opportuinity was given by APFC by issue of notices (which she thinks is a mere letter) and the same was not availed by her husband and apparently order (which she thinks is a mere letter) has been passed on the basis of available material.

 

It appears that her husband did not attent the proceedings APFC has not used his powers under section 7A to compel his apperaance by issue of arrest warrant.  Normally they do not resort to this method if the reocrd has been submitted by employer.

 

If that order is not obeyed they recovery proceedings can be initiated by same or some other APFC. 

 

EPFO does not have to obtain court order for recovery by attaching property, bank accounts and arresting the defaulter. Section 8 provides very wide powers to them.

 

This order can be challanged only before EPF Apellate Tribunal.

Sudhir Kumar, Advocate (Advocate)     28 June 2016

Originally posted by : Kumar Doab
Dear Mr. Sudhir Kumar,

 

 

It seems that your impression is APFC has written to pay penalty without noting violation.

Can APFC write to pay penalty without evidence of violation!

 

 

In most of the cases the penalty is decided after deposit of assessed dues, depending upon the further time the employer may be wasting in depositing dues.  The penalty increases with delay.

Kumar Doab (FIN)     28 June 2016

Now the querist should be crystal clear on the matter.

 


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