Provident Fund

Will your pension go up if Supreme Court Decision is implemented in full?

Corporate Law - The Supreme Court has on 1st April  2019 has rejected the Special leave petition filed by EFPO against the decision of Kerala High court on quantum of pension payable to an employee after his retirement under employee pension scheme (EPS) 1995. This decision has generated wide spread interest in people working in organised Sector as [&he...

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Late Deposit of employee’s contribution for PF/ESI

Corporate Law - As per section 36(1)(va) of the Act, if any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 apply, if such sum is credited by the assessee to the employee’s account in the relevant fund or funds on or before the due date. […]...

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What is Employee’s Provident Fund (EPF) in India?

Corporate Law - The Employee’s Provident Fund (EPF) is a scheme for retirement benefit of employees, which saves a part of their monthly salary as a fund for their future emergencies and retirement. Every salaried employee is eligible for holding an EPF account. The topics discussed in this article are: 1. About EPF 2. Benefits of EPF 3. […]...

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How to calculate amount on which PF should be deducted post SC Ruling

Corporate Law - In continuation of my last Article ‘Implication of Supreme Court Verdict on Provident Fund‘ published on 2nd March, 2019 on PF calculation after verdict of Hon’ble Supreme Court Judgment, the following illustration will help you to understand that how to calculate salary for PF deduction and extra cost you have to bear as Em...

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Analysis & Key Takeaways from Apex Court ruling on EPF Contribution on Special & Other Allowances

Corporate Law - I am sharing with you all an analysis and key takeaways of landmark ruling of the Apex Court in the case of Regional Provident Fund Commissioner (II) West Bengal Vs Vivekananda Vidyamandir and Others dated 28th February, 2019. By virtue of this ruling “Contribution towards Employees Provident Fund (‘EPF’) is required to be computed ...

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Govt gives opportunity to employees of Public Sector Insurance Companies to opt for Pension

Corporate Law - Government decides to allow one more opportunity to employees of Public Sector Insurance Companies who joined on or before 28th June, 1995 The Government of India has decided to allow one more opportunity to employees of Public Sector Insurance Companies (PSICs) who joined on or before 28th June 1995, to opt for Pension, as a […]...

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75% Advance to PF Members after leaving employment for one month proposed

Corporate Law - Central Board of Trustees, EPF, approved the proposal for insertion of Paragraph 68HH in EPF Scheme, 1952 provisioning Advance from the fund to a member who ceases to be in employment for a continuous period not less than one month. Under this proposal a member can avail 75% of the total fund (including employee as well as employer share)...

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Pensioner’s Portal at EPFO website

Corporate Law - EPFO has launched the pensioner’s portal https://mis.epfindia.gov.in/PensionPaymentEnquiry. The pensioner’s portal is recently launched service, available at EPFO website by which all EPFO pensioners may get the details of pension related information like Pension payment order number, Pensioner’s Payment Order details, Pensioner’...

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7.8% interest on General Provident Fund for Oct 17 to Dec 17

Corporate Law - Government of India has announced that during the Financial Year 2017-18, accumulations at the credit of subscribers to the General Provident Fund (GPF) and other similar funds shall carry interest at the rate of 7.8% (Seven point eight per cent) with effect from 1st October, 2017 to 31st December, 2017. This rate will be in force w.e.f. ...

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EPFO members can link their UAN with Aadhaar online

Corporate Law - EPFO is pleased to introduce a new facility for its esteemed members having Universal Account Number (UAN) and other relevant details to link their respective UAN with Aadhaar online. This, in turn, would facilitate the members, a better and speedy EPFO services....

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Implication of Supreme Court Verdict on Provident Fund

Regional Provident Fund Vs Vivekananda Vidyamandir And Others  (Supreme Court of India) - Supreme Court's (SC) ruling on Provident Fund on Thursday (28 February, 2019) states that employers can't segregate special allowances from basic salary. It has to be included for PF deductions under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, said a bench of Justices Arun...

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PF is applicable on Basic salary plus all allowances except HRA: SC

Regional Provident Fund Commissioner (II) West Bengal Vs Vivekananda Vidyamandir and Others (Supreme Court) - Regional Provident Fund Commissioner Vs. Vivekananda Vidyamandir and Others (Supreme Court) Basic wage, would not ipso­facto take within its ambit the salary breakup structure to hold it liable for provident fund deductions when it was paid as special incentive or production bonus given to more mer...

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Belated deposit of employees contribution to PF / ESIC is not allowable

Kalyan Silks Trichur (P) Ltd. Vs. Joint Commissioner Of Income Tax (Kerala High Court) - The solitary common issue that arose in these appeals was with regard to the legality of dis-allowance of deduction made towards belated deposit of employees contribution of Provident Fund/Employees State Insurance. A reading of the order passed by the Tribunal shows that the first appellate authori...

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Contribution to unrecognized Provident fund not eligible for deduction U/s. 80C

M/s. Kodakkad Service Co-operative Bank Ltd. Vs The Income Tax Officer (TDS) (ITAT Cochin) - Admittedly, the contributions of the assessees to the Provident Fund are not a recognized Fund, the same are not eligible for deduction u/s. 80C (2) (vi) of the I.T. Act. ...

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Coal Mines Provident Fund Commissioner is a Public Officer / Servant – Supreme Court

Coal Mines Provident Fund Commissioner through Board of Trustee Vs. Ramesh Chandra Jha (Supreme Court of India) - Having considered the submissions made on behalf of the Appellant and the Respondent appearing in-person, we are of the view that the judgment and order of the High Court does not require any interference, particularly when the issue raised in this Appeal has already been decided by this Court in Ci...

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EPFO Facilitating Aadhaar number seeding in UAN

Notification No. C-III/1/2018/Cir/KYC - (29/11/2018) - UIDAI has clarified that EPFO may continue to avail Aadhaar based authentication services for the schemes for which notification under Section 7 of the Aadhaar Act, 2016 has been issued and duly published in the Official Gazette....

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Non Submission of Online monthly IW1 return- Reg.

File No. IWU/7(30)2012/Return in R/O IWU/1191 - (28/11/2018) - As you may be aware that facility for online submission of IW-1 return by employers has started from 1st November 2018. It is observed that such returns are not being submitted online by concerned employers of establishments employing International Workers...

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Submission of Form-11 & seeding KYC in UAN Portal- Reg.

Notification No: LC-4(115)2018/Aadhar/LO/13478 - (18/10/2018) - In view of the Hon’ble Supreme Court order on the Aadhar Act, 2016, dated 26.09.2018, it is advised to avoid any coercive action by way of prosecution till further orders....

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Tribunal cannot condone Delay in Filing Appeal of more than 120 days under EPF & MP Act

No,LC-7(94)2018/PB/CGIT/imp judgment/8820 - (08/10/2018) - Tribunal does not have powers to condone the delay beyond the period of 120 days as mentioned in Rule 7(2) of the Rules. As sequel of above discussion, it is held that appeal filed by the appellant herein is hopelessly time barred as such the delay in filing the appeal is uncondonable in view of the...

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Refund of Double Payment by Electronic Challan cum Return (ECR) -Reg

No. Bkg.1 (34) 2017/Bank Commn./UBI/157 - (05/10/2018) - In spite of guidelines issued in above matter, a number of complaints are being received in Head Office in connection of non refund of wrong / excess / double payments made by establishment through ECR....

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Recent Posts in "Provident Fund"

Will your pension go up if Supreme Court Decision is implemented in full?

The Supreme Court has on 1st April  2019 has rejected the Special leave petition filed by EFPO against the decision of Kerala High court on quantum of pension payable to an employee after his retirement under employee pension scheme (EPS) 1995. This decision has generated wide spread interest in people working in organised Sector as [&he...

Read More
Posted Under: Income Tax |

Late Deposit of employee’s contribution for PF/ESI

As per section 36(1)(va) of the Act, if any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 apply, if such sum is credited by the assessee to the employee’s account in the relevant fund or funds on or before the due date. […]...

Read More
Posted Under: Income Tax |

What is Employee’s Provident Fund (EPF) in India?

The Employee’s Provident Fund (EPF) is a scheme for retirement benefit of employees, which saves a part of their monthly salary as a fund for their future emergencies and retirement. Every salaried employee is eligible for holding an EPF account. The topics discussed in this article are: 1. About EPF 2. Benefits of EPF 3. […]...

Read More
Posted Under: Income Tax |

How to calculate amount on which PF should be deducted post SC Ruling

In continuation of my last Article ‘Implication of Supreme Court Verdict on Provident Fund‘ published on 2nd March, 2019 on PF calculation after verdict of Hon’ble Supreme Court Judgment, the following illustration will help you to understand that how to calculate salary for PF deduction and extra cost you have to bear as Em...

Read More
Posted Under: Income Tax |

Govt gives opportunity to employees of Public Sector Insurance Companies to opt for Pension

Government decides to allow one more opportunity to employees of Public Sector Insurance Companies who joined on or before 28th June, 1995 The Government of India has decided to allow one more opportunity to employees of Public Sector Insurance Companies (PSICs) who joined on or before 28th June 1995, to opt for Pension, as a […]...

Read More
Posted Under: Income Tax |

Implication of Supreme Court Verdict on Provident Fund

Regional Provident Fund Vs Vivekananda Vidyamandir And Others  (Supreme Court of India)

Supreme Court's (SC) ruling on Provident Fund on Thursday (28 February, 2019) states that employers can't segregate special allowances from basic salary. It has to be included for PF deductions under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, said a bench of Justices Arun Mishra and Naveen Sinha....

Read More

Analysis & Key Takeaways from Apex Court ruling on EPF Contribution on Special & Other Allowances

I am sharing with you all an analysis and key takeaways of landmark ruling of the Apex Court in the case of Regional Provident Fund Commissioner (II) West Bengal Vs Vivekananda Vidyamandir and Others dated 28th February, 2019. By virtue of this ruling “Contribution towards Employees Provident Fund (‘EPF’) is required to be computed ...

Read More
Posted Under: Income Tax |

PF is applicable on Basic salary plus all allowances except HRA: SC

Regional Provident Fund Commissioner (II) West Bengal Vs Vivekananda Vidyamandir and Others (Supreme Court)

Regional Provident Fund Commissioner Vs. Vivekananda Vidyamandir and Others (Supreme Court) Basic wage, would not ipso­facto take within its ambit the salary breakup structure to hold it liable for provident fund deductions when it was paid as special incentive or production bonus given to more meritorious workmen who put in extra output...

Read More

EPFO Facilitating Aadhaar number seeding in UAN

Notification No. C-III/1/2018/Cir/KYC (29/11/2018)

UIDAI has clarified that EPFO may continue to avail Aadhaar based authentication services for the schemes for which notification under Section 7 of the Aadhaar Act, 2016 has been issued and duly published in the Official Gazette....

Read More

Non Submission of Online monthly IW1 return- Reg.

File No. IWU/7(30)2012/Return in R/O IWU/1191 (28/11/2018)

As you may be aware that facility for online submission of IW-1 return by employers has started from 1st November 2018. It is observed that such returns are not being submitted online by concerned employers of establishments employing International Workers...

Read More

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