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Wednesday, January 18, 2017

EPF dues solely on the basis of balance sheet without identification of beneficiaries is not sustainable

Assessment of EPF dues solely on the basis of balance sheet without identification of beneficiaries is not sustainable

An appeal was filed by the appellant before the Employees' Provident Fund Appellate Tribunal, challenging the order dated 23.09.2011, passed by the EPF Authority, under section 7-A of the Act.
Brief Facts:
Dues were assessed on the basis of balance sheet without identification of beneficiaries on EO's report. Appellant's contention is that employees were engaged through different registered contractors from time to time. EPF Authority submitted that the appellant neither produced list of contractors nor list of employees and in such circumstances there was no option with the department, except to pass the impugned order.
Reasons & Decision:
The entire case of assessment of EPF dues is for the period April 2005 to March 2011. Neither EO nor the EPF Authority is known to the beneficiaries till date. Dues, if collected, would not give any benefit to any of the employees. Hence, impugned order is sets aside. Matter is remanded back to the EPF Authority for passing a speaking order by getting joined the alleged contractors, having identified the beneficiaries and only on the basis of balance sheet, in accordance with law. Appellant is supposed to furnish complete list of contractors and employees within 2 months from the date of this order to the EPF Authority. Any amount deposited shall not be disbursed till further order.
Food Corporation of India vs. APFC, Jabalpur
ATA No. 09 (8) 2012 decided on 7.11.2016