PF Department’s circular dated 11th June 2022 informs all its Zonal ACCs to ensure compliance with PF HQ’s instructions of uploading in a proper manner on the “e-proceedings portal” as a consequence of adverse observations made by the Hon’ble Court, an extract of which is reproduced below :
The allegations in the writ petition are that initially the show cause notice dated 13th February 2018 issued for levy of damages under Section 14B of the Act and for levying interest under Section 7Q of the Act were not issued at the correct address of the Petitioners.
- The petition further alleges that various daily orders were not properly uploaded on the website. The crux of the allegation is that the orders under sections 14B and 7Q of the Act, which was passed on the demand of Rs.36,16,158/-, were neither uploaded on the website nor provided to the Petitioners.
- It is further urged that the order under Sections 14B and 7Q of the Act came to the knowledge of the Petitioners for the first time vide the summon dated 29th January 2020 which was received from Recovery Officer with a direction that Petitioner should appear before him on 31st January 2020.
The said averments are relevant and are set out hereinbelow:
- That it would be seen from said proceedings, that on 25.07.2018 Assessing Officer (Deepak Narwal) adjourned the case to 08.08.2018.
- No daily order sheet was uploaded for 08.08.2018 but proceedings dated 09.08.2018 has been uploaded, the said proceedings are a blank page.
- The order passed upon which a demand of Rs. 36,16,158/- has not been uploaded and instead another order pertaining to M/s Harmesh Singh Mandi Labour Contractor Anaj mandi Sirsa bearing No. HRRTK21660 passed under the same Diary No. 282/2018 has been uploaded.
- This is also produced as ANNEXURE-D to the present petition.
- That clearly brings out that the order stated to have been passed under Diary No. 282/2018 in proceedings taken U/s 14-B and 7Q of the Act against the petitioners were neither uploaded nor provided to the petitioners.
- That the petitioners submit that the factum of having passed aforesaid order in proceedings taken U/s 14-B and 7Q of the Act came to its knowledge for the first time when a summon dated 29.01.2020 was received from recovery officer with a direction that petitioner should appear before him (recovery officer) on 31.01.2020 as the summons was received after 31.01.2020. petitioners submit that the respondent no. 4 ignoring the reason for the non-appearance of the petitioners deputed the enforcement officer on 03.02.2020 to the abovementioned address at 333626/2022/LEGAL 6 Digitally Signed By: DEVANSHU JOSHI Signing Date:20.01.2022 15:47:05 Signature Not Verified W.P.(C) 831/2022 Page 7 of 18 Janakpuri who coerced petitioners to pay some amount.
- Petitioner company not having enough resources to pay, borrowed a sum of Rs. 7 Lakh from its ex-director i.e. petitioner No.4 from her bank account 919020053424052 maintained at Axis bank and paid said the amount of Rs. 7 Lakh.
- Copy of summoning dated 29.01.2020 and statement of account of petitioner no. 4 are produced as ANNEXURE-E to the present petition.”
For greater details, attached is a copy of the PF Department’s circular together with the Hon’ble court order