Provident Fund

SC judgement holding allowances as part of basic wages- contradictory?

Corporate Law - Is the recent SC judgement holding allowances as part of basic wages for the purpose of determination of PF contribution, in contradiction with the stand of the Law makers and implementeors? In its recent judgement in the case of RPFC vs. Vivekananda Vidyamandir and others & Surya Roshni Ltd & Ors. vs. The State of […]...

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Disallowance of Contribution of PF, ESIC etc u/s 36(1)(va) – A Comparative Study between Section 36(1)(va) Vs. Section 43-B

Corporate Law - Section 36(1)(va) Vs. Section 43-B If the assessee fails to deposit the PF, ESIC etc Contribution before the due dates as per the respective Acts. Effect of Section 43B on unpaid liability towards contributions to any provident fund or superannuation fund or any fund set up under the provisions of the Employees’ State Insurance Act,...

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Need to re-visit Salary Structure

Corporate Law - Each & Every Employer will have to be 100% statutory compliant w.r.t. all labour laws including but not limited to The Employees Provident Funds & Miscellaneous Provisions Act 1952, Minimum Wages Act 1948, Bonus Act 1965, Employee State Insurance Act 1948 and all other labour laws. Decisions of recent judgements w.r.t. PF, ESIC, M...

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All about EPF Series-1

Corporate Law - The EPF was established by the Employees Provident Fund Organization (EPFO) of India, a statutory body of the Government. It states that every organization having 20 or more permanent employees across different departments working, should compulsorily register with the EPFO. In the case of an organization which employs less than 20 employ...

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Rectification of Employees Details in EPFO records online and offline

Corporate Law - EPFO (Employee’s Provided Fund Organization) is an organization which keeps the contribution made towards PF (Provided Fund) of employees and provides pension after attaining the age of 58 / 50 years (provided service period is 10 years or more). EPFO has made it mandatory to link aadhar number of employees to their EPFO account (very [...

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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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 Provision of e-Nomination at Member Interface at Unified EPFO Portal

No NDC/2017/UAN/Pt./3143 - (06/06/2019) - A facility for filing of online e-nomination is available at Member Interface of Unified Portal. In order to make this functionality compatible with online Form 10D claim to be filed by members and online composite claim Form 10D/20/5IF to be filed by nominees, some modifications have been ...

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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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Recent Posts in "Provident Fund"

SC judgement holding allowances as part of basic wages- contradictory?

Is the recent SC judgement holding allowances as part of basic wages for the purpose of determination of PF contribution, in contradiction with the stand of the Law makers and implementeors? In its recent judgement in the case of RPFC vs. Vivekananda Vidyamandir and others & Surya Roshni Ltd & Ors. vs. The State of […]...

Read More
Posted Under: Income Tax |

 Provision of e-Nomination at Member Interface at Unified EPFO Portal

No NDC/2017/UAN/Pt./3143 (06/06/2019)

A facility for filing of online e-nomination is available at Member Interface of Unified Portal. In order to make this functionality compatible with online Form 10D claim to be filed by members and online composite claim Form 10D/20/5IF to be filed by nominees, some modifications have been incorporated in consultation with the ...

Read More

Disallowance of Contribution of PF, ESIC etc u/s 36(1)(va) – A Comparative Study between Section 36(1)(va) Vs. Section 43-B

Section 36(1)(va) Vs. Section 43-B If the assessee fails to deposit the PF, ESIC etc Contribution before the due dates as per the respective Acts. Effect of Section 43B on unpaid liability towards contributions to any provident fund or superannuation fund or any fund set up under the provisions of the Employees’ State Insurance Act,...

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Posted Under: Income Tax |

Maharshtra Minimum Wages/ work hours/PT/MLWF/Holiday-2019

Working Hours for Maharashtra Normal Working Hours Nine hours in a day and forty eight hours in a week Interval For Rest After five hours of work interval of rest of at least half and hour Maximum Over Time Hours One hundred and twenty five hours in a period of three months Spreadover Hours Ten […]...

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Posted Under: Income Tax |

Need to re-visit Salary Structure

Each & Every Employer will have to be 100% statutory compliant w.r.t. all labour laws including but not limited to The Employees Provident Funds & Miscellaneous Provisions Act 1952, Minimum Wages Act 1948, Bonus Act 1965, Employee State Insurance Act 1948 and all other labour laws. Decisions of recent judgements w.r.t. PF, ESIC, M...

Read More
Posted Under: Income Tax |

All about EPF Series-1

The EPF was established by the Employees Provident Fund Organization (EPFO) of India, a statutory body of the Government. It states that every organization having 20 or more permanent employees across different departments working, should compulsorily register with the EPFO. In the case of an organization which employs less than 20 employ...

Read More
Posted Under: Income Tax |

Rectification of Employees Details in EPFO records online and offline

EPFO (Employee’s Provided Fund Organization) is an organization which keeps the contribution made towards PF (Provided Fund) of employees and provides pension after attaining the age of 58 / 50 years (provided service period is 10 years or more). EPFO has made it mandatory to link aadhar number of employees to their EPFO account (very [...

Read More
Posted Under: Income Tax |

SC decision on PF calculation lowered take home Salary

For employees with monthly pay of less than Rs 15,000, however, inclusion of all allowances in wages for PF calculation would result in a lower take-home salary. For employees with monthly pay of more than Rs15,000, Calculation of PF for Employer Contribution will be restricted to 12% of Rs. 15,000 only. So there will be no impact for su...

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Posted Under: Income Tax |

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...

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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. […]...

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Posted Under: Income Tax |

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