I am working as HR in a organization. Under the EPF Employer enrolment scheme 2017, we have enrolled 47 members and declaration has been given. For this there is no penalty and damage.
But we received a statement for damage and penalty. We met Assistant Commissioner, he said you have paid the amount before giving declaration. after paying the remittances you have made declaration in the portal. So this scheme is not apply for you, he said. We have made the remittances on 28.03.2017. As per the EPFO office declaration has been made in the portal on 31.03.2017. Hence the scheme is not applicable you have to pay the damages and penalty for Rs. 2lakhs.
What i have to do as an HR. Kindly help me inthis regard.
From India, Coimbatore
1But we received a statement for damage and penalty. We met Assistant Commissioner, he said you have paid the amount before giving declaration. after paying the remittances you have made declaration in the portal. So this scheme is not apply for you, he said. We have made the remittances on 28.03.2017. As per the EPFO office declaration has been made in the portal on 31.03.2017. Hence the scheme is not applicable you have to pay the damages and penalty for Rs. 2lakhs.
What i have to do as an HR. Kindly help me inthis regard.
From India, Coimbatore
if interest was paid upfront with the contribution, in separate challan then, employer can depute a counsel to appear in 7A court for waiver or reduction of damage, but if interest was not paid then department will not consider any such appeal,
with the declaration system the employer had to submit declaration 1st then with that page only submit the details of employees and period/ amount, in most of cases interest got auto calculated at the time of challan, ( only in case of break of service it did not worked properly)
upfront interest payment was a vital point for waiver of damage and reduction of the amount up to Rs 1/- per year
check the fact that interest is paid along-with or not, if paid then commissioner will take hearing and he is authorized to reduce or waive the damage , provided that the employer accept the fact that clerical mistake has been taken place in submission.
with the declaration system the employer had to submit declaration 1st then with that page only submit the details of employees and period/ amount, in most of cases interest got auto calculated at the time of challan, ( only in case of break of service it did not worked properly)
upfront interest payment was a vital point for waiver of damage and reduction of the amount up to Rs 1/- per year
check the fact that interest is paid along-with or not, if paid then commissioner will take hearing and he is authorized to reduce or waive the damage , provided that the employer accept the fact that clerical mistake has been taken place in submission.
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EPF & Misc. Provision Act.1952 & the scheme.ppt
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