Thanks for the comments from all we are trying to recover documents for that period and had a break through and got one or two payment challans and will excavate the balance and produce to the dept. Generally in the interest of the scheme, i personally prefer that so many companies mushroom and vanish, the dept must act swiftly to recover the dues from the employers and not wait for 10 years for getting the money. with ESIC signing a migration to e-governance with Wipro it would be better.
From India, Madras
2From India, Madras
Dear Mr.Aslamsha, 1. Where Form C-18 ( you have not mentioned the date ) has been issued followed by Recovery Order under Form 45A ( date of order and period of demand not mentioned ) for recovery of Rs.1.5 laks for a specific period, no further Demand can be made by ESIC for the same period. 2. Assessment under C-18 is based on the inspection of records and documents verified by the Inspector and subsequent Orders under 45 A are passed only after personal hearing. 3. You have not mentioned whether you have paid Rs.1.5 laks as claimed in the 45 A order OR in case, you have not settled the payment of Rs 1.5 laks, whether you intend to contest both the Assessment / Orders ? 4. ESIC has got the powers to demand the records from the date of coverage and therefore it is the responsibility of the Employer to produce the records to ESIC. 5. There is no need for bribing any officer in ESIC as suggested in some postings. It would not solve the problem. 6. You have got a strong case since prima facie ,there are two conflicting demands/ Assessments for the same period and legally , you can counter them. Even if there is a demand, C-18 is only an adhoc assessment and hence there is a possibility of reducing the liability substantially. I myself was in ESIC and so will be able to advise you further. A.Irudayam MA, MBA, LLB Advocate & HR Consultant +91 99406 86632
From India, Madras
From India, Madras
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ESI contribution rates lowering.pdf