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Giri (Designer)     27 September 2011

Pf amount not fully credited to the pf account

Dear Sir / Madam;

I had served 5 years in an MNC, which had alloted a PF acount and issued Payslips and "form 16" every year stating the amount, being deducted for the PF  (employee contribution).

I have been relieved from the company 6 months back, and now thanks to EPSF online services, i have found that the company has not deposited the right amount for the years 2006 to 2009.

When verified, for all the 3 years, the rightful amount deducted from CTC  ( Employee & Employer contribution) icludes 72,000 ( apart from interest)  but when contacted PF office only an amount of 58k ( including Employee & Employer PF and Pension and interest) is available.

Rule of thumb - Amount to PF / year = PF deduction for employee as shown under Section iV A of "Form 16" *2. I have also cross checked with the payslips of corresponding years.

For the years 2010-11, the amount deposited / year matches to the amount stated in the FORM 16 of the Corresponding years.

When contacted the Company officials, they say that the Form 16 may have errors ( all three years)

Presently, the whole corpus amount is underrated by 30-35k ( principle deficit + compound interest). 

Please guide me in this regard. I am ready to approach the PF tribunal in case i need to.



Learning

 2 Replies

Kumar Doab (FIN)     27 September 2011

Lodge a complaint immediately with APFC of your PF office and CPFC. On line complaints can be lodged at:

www.epfindia.gov.in

 

 

 

You can also lodge complaint with CIT-TDS of your area of jurisdiction i.e. where the company files the return and also where you file your return and you may mention that:

-although MD of the company through the competent employee empowered by him, on his behalf, deducted Rs..........for the months of ..............in year ...........from your salary, for depositing with o/o PF Commissioner............in your PF a/c number................along with employer's contribution, but did not.

-on dated...................Mr................designation.................department.....................office address...................stated during your phone call, in a worried situation, from your phone number............................at his phone number.....................he stated that the form 16 of all................years for the period ...............are wrong.

This statement of the competent employee of the company mentioned above has compounded your worries, and you would like a thorough investigation to be conducted and without any variance from the rules and laws the culprit company and its MD and competent employee be punished by financial penalty and imprisonment as prescribed under the law of the land. The proceedings of the investigation may kindly be informed to you regularly by letter under original seal and signature of the investigator by registered post and that if the CIT-TDS you are willing to supply the postage prepaid self addressed envelopes.

-you have noted that company has deducted the taxes and deposited the same with the govt. authorities as mentioned in your form 16 issued to you by the company.

 

It is serious matter and company is looking for escape routes. Kindly act and do not let them by making a pass on you.

You can raise RTI applications from time to time with both he authorities, and obtain the copies of the notices issued to company, reply of the company, noting in file ,reports ,decision, etc.

Sudhir Kumar, Advocate (Advocate)     18 November 2011

company is liable for prosecution if they have embezzled your PF.


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