Corporate Updates – 09-03-2015

EPF

EPF Authorities have directed all employers / establishments to which the provisions of the Employee’s Provident Fund & Miscellaneous Provisions Act, 1952 applies, shall file a return on particulars of ownership in Form 5A, showing the particulars of all the branches, directors, occupiers, partners etc.. The form 5A is required to be filed online by 31st March, 2015. Any failure in filing of the return, will amount to non-submission of statutory return and render the defaulting establishments liable for action under the provisions of the Act.

CBEC

CBEC has directed all its Chief Commissioners to follow the judgment of Hon’ble Supreme Court in the matter of Radheshyam Kejriwal, wherein, the law on the issue of relation between adjudications proceedings and prosecution has been laid. It is therefore directed that where on identical allegation a noticee has been exonerated in the quasi-judicial proceedings and such order has attained finality, Chief Commissioner shall give direction to the Central Excise Officer in the concerned Commissionerate to file an application through Public Prosecutor requesting the Court to allow withdrawal of the Prosecution in accordance with law. These instructions shall mutatis-mutandis apply to the prosecution filed under the Finance Act, 1994 and under the Customs Act, 1962.

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