We have undertaken contract work with a company. The company deducted PF for our employees and deposited it to the PF account. The PF amount deducted and deposited has been debited from our contract bill, and the balance settled to us. Here the issue is, we also deducted and paid PF from the same employees.
Now the query is:
01. Is it possible to apply for a refund of money from the PF department?
02. Is there any provision to set right the excess payment from the future PF payments?
03. Is it possible to deduct the excess payment from employee & employer contributions?
From India, Chennai
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1Now the query is:
01. Is it possible to apply for a refund of money from the PF department?
02. Is there any provision to set right the excess payment from the future PF payments?
03. Is it possible to deduct the excess payment from employee & employer contributions?
From India, Chennai
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These types of errors occur due to your carelessness. First of all, you must submit all the necessary documents (PF Registration Certificate copy, and the PF Remittance Details along with the Name of workmen for whom you are effecting the PF Remittance) to your employer on the first day itself, to the concerned person who is dealing with PF. If you do that, then there may not be any double payment of PF.
Once the recovered PF is remitted to RPFO through ECR or in normal mode, there is no chance of adjusting with the next month's remittance or any recovery from the Government. This has already happened to me as well.
If your employer is generous, then he can pay the excess amount paid, or some part of it, to you only from the company. But there is no provision for such double payment. However, let us wait for some more replies from our learned members.
From India, Kumbakonam
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Once the recovered PF is remitted to RPFO through ECR or in normal mode, there is no chance of adjusting with the next month's remittance or any recovery from the Government. This has already happened to me as well.
If your employer is generous, then he can pay the excess amount paid, or some part of it, to you only from the company. But there is no provision for such double payment. However, let us wait for some more replies from our learned members.
From India, Kumbakonam
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When did this happen? Was it before the e-seva by EPF (online payment system) was started, or after that? Also, check with the company whether the EPF contributions have been paid against the names of those employees/EPF numbers or as excess payment.
Regards,
Kamal
From India, Pune
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Regards,
Kamal
From India, Pune
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Before entering into a contract with a contractor, you should have checked whether the contractor has obtained a PF & ESI code. If so, how will you be eligible? When preparing the contractor's bill, we have to include PF, ESI, and ST.
Once paid to the PF department by default, we cannot refund. The chances are less. You have to ask the employer to refund at least the employer's share to the contractor.
From India, Chennai
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Once paid to the PF department by default, we cannot refund. The chances are less. You have to ask the employer to refund at least the employer's share to the contractor.
From India, Chennai
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Is it possible to upload 2 ECR files for the same month and for the same reg no.? I think it is not possible. The company might have deducted the PF amount from your bill and not paid it into the PF account. First, clarify the same. If they paid, take proof of payment and approach the EPF authorities to ask for a refund or adjustment.
From India, Hubli
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From India, Hubli
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I agree with Sanraj Javali... That's why I asked how all this happened. Such incidents were only possible when contributions were being deposited in the bank through manually generated challans.
EPF site will not accept 2 ECR files for the same month.
From India, Pune
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EPF site will not accept 2 ECR files for the same month.
From India, Pune
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I suggest taking up the matter with RPFC with detailed documents for future adjustment of the excess deposited amount, involving the Principal Employer as well to assist since it was a genuine mistake.
Chandok A K
RPFC (Retd.)
<i>[link no longer exists - removed]</i>
From India, Chandigarh
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Chandok A K
RPFC (Retd.)
<i>[link no longer exists - removed]</i>
From India, Chandigarh
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I think what happened is this: The company assumed that the contractor does not have a PF code and paid the PF of the contractor under their own name. Meanwhile, the contractor paid it under their own name. Since the PF codes and account numbers would be different, the system will accept it. The way I see it, the fault lies with the client company, and they should fully refund the money to the contractor. However, companies being as they are, I doubt if that will happen.
From India, Mumbai
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From India, Mumbai
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Dear Saswat,
Whatever you said is the same thing that happened with them. As a matter of fact, whoever comes newly as a contractor, the employer will ask for the Service Tax Registration Certificate, PF & ESI Registration Certificate copies, and on completion of the month, the contractor has to submit the Wages sheet and Muster roll and after remitting the PF & ESI challan after remitting the amount to concerned authorities. Here the lapse may probably have taken place on both sides. If the contractor could have submitted the ESI & PF Registration certificate, then the lapse would not take place. Blaming the employer is not the correct way without knowing the fact.
From India, Kumbakonam
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Whatever you said is the same thing that happened with them. As a matter of fact, whoever comes newly as a contractor, the employer will ask for the Service Tax Registration Certificate, PF & ESI Registration Certificate copies, and on completion of the month, the contractor has to submit the Wages sheet and Muster roll and after remitting the PF & ESI challan after remitting the amount to concerned authorities. Here the lapse may probably have taken place on both sides. If the contractor could have submitted the ESI & PF Registration certificate, then the lapse would not take place. Blaming the employer is not the correct way without knowing the fact.
From India, Kumbakonam
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Payment of PF after closure of establishment 23.5.12.pdf