Epf return non filing
Shashikanth Dongre
(Querist) 14 April 2016
This query is : Resolved
My company registered for EPF in 2009 but neither filed even a single ECR till now, nor did it deducted EPF shares from the employees. Now we want to regularise the EPF in the company.
Can someone please tell me what are the fines and penalties will fall on us now. Is there any expiration for the registration?
Kindly advise an optimum way. Thanks in advance.
Kumar Doab
(Expert) 14 April 2016
Entrust the matter to Labor Law Consultant who shall do the needful properly.
Or meet the APFC in jurisdictional PF office.
Shashikanth Dongre
(Querist) 14 April 2016
May I know the consequences of the default 'as per book of law' for the below conditions.
1. company registered for EPF
2. Did not collect employee share
3. Did not pay and did not file returns.
4. Company went under an internal reconstruction and starting a fresh.
5. Now wants to start EPF as well
I would appreciate if someone can give a rough idea about it.
Sudhir Kumar, Advocate
(Expert) 15 April 2016
forget about expiry of registration. had there been any such provision then every defaulter would have benefited.
for the last 7 years no notice has been received by your then it is clear that the concerned officer in PF office (APFC/Inspector or both) is in connivance with you and helping in evasion and you are getting happy because you think that you can evade payment for ever.
You are lucky that none of your employees complained so far.
You are liable for fine and prosecution as well.
now better prepare return for all the 8 years today and prepare a cheque of both employee share and employer share (with interest for intervening period) and depoist the same in SBI on next working day so that clock of your fine stops.
This is all the rough idea that can be given.
Shashikanth Dongre
(Querist) 15 April 2016
All present employees are with us from max 3 years. All who were there from before have left the company.
So, how can we pay their share now?
We used to hire by making it clear that presently we don't have PF facility. We did not deduct anything from salary for their share. So, I think there's no question of any employee complaining. However, yes, they can demand for implementation of PF which we are doing now.
Can we show that all employees earlier had a PF eligible component above the Statutory limit (6.5K or 15K)?
Sudhir Kumar, Advocate
(Expert) 15 April 2016
it is your good wisdom that you did not deduct employee share from salary from employees salary and told a lie to them.
It is you who is accountable to EPFO for paying dues alongwith interest.
Rajendra K Goyal
(Expert) 15 April 2016
Discuss in detail with local labor law consultant.
Roughly you are liable to pay interest on delayed payments.
Kumar Doab
(Expert) 15 April 2016
You are hinting at another violation when you write 'Can we show that all employees earlier had a PF eligible component above the Statutory limit (6.5K or 15K)?'
The so called ' Internal Restructuring' shall not help and establishment/anyone is liable.
The employer is liable to maintain the record of employee's.
It is reiterated that 'Entrust the matter to Labor Law Consultant who shall do the needful properly.'
Rest is upto you.
Sudhir Kumar, Advocate
(Expert) 15 April 2016
you asked
"'Can we show that all employees earlier had a PF eligible component above the Statutory limit (6.5K or 15K)?'"
Actually this forum does not advise or promote frauds.
Guest
(Expert) 13 June 2018
Good progress, IT TOOK MORE THAN 2 YEARS for Ms. Usha Kapoor to agree with the advice of some expert.
Guest
(Expert) 13 June 2018
Good progress, IT TOOK MORE THAN 2 YEARS for Ms. Usha Kapoor to agree with the advice of some expert.
