Our company is situated in Chennai and doing a business of composite Contract (material and labour involved). Asst. P.F. Commissioner has issued an order u/s. 7A demanding that Rs. 14 lacs on various account numbers from 4/2010 to 8/2012 and mentioned as “subterfuge on wager for the period from 4/2010 to 2/2012”. The same was received us by post on 14.11.2012. Can we go for an appeal against this order if yes where should we file or what are the steps we have to take immediately or any reply should be filed on immediate basis. Please guide me any one in this regard.
Awaiting your immediate reply.
Thanks
A.karthikeyan

From India, Madras
Dear Member
Request you to provide the entire contents of the demand letter before any guidance can be provided. Whether this letter has been issued after providing you adequate opportunity to represent your side or was it unilateral. Going back when the inspection happened what did the inspector put in his remarks and what was the reply you submitted. What all documents were submitted by you etc.
Regards
Preetam Deshpande

From India, Mumbai
Dear Karthikeyan
You can very well file an appeal against the order before Appellate Tribunal known as "The Employees' Provident Funds Appellate Tribunal. To know the Appellate Tribunal of your region, pl. check the Central Govt. notification in Official Gazette for constitution of Tribunal. One can file the appeal within 45 days of the order in prescribed Form 9. One more thing your appeal will be entertained by the Tribunal only after deposit of 75% of the amount due as determined. However Tribunal is empowered to waive or reduce the amount if the reasons submitted by the applicant recorded in writing.
Rgds
VP Jain

From India, Gurgaon
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