Important judgment on EPS payment by exempted establishment by Kerala High Court

Important judgment on EPS payment by exempted establishment under Section 17(1)(C) by Kerala High Court in the case of cooperative bank

Hon’ble High Court of Kerala has dismissed the Petition flied by an exempted establishment challenging the assessment order passed by Kannur. P.F. office.

The petition was filed by M/s Mowanche ry Co-operative Rural Bank Ltd, an exempted establishment from EPS’95, contending that he was paying an amount of 10% of the wages towards pension scheme under Kerala Co-op. Societies Employees Self Financing Pension Scheme, 1994 and as such he is liable to pay only the differential 2% as his contribution towards EPS’ 1995.

The Hon’ble Court dismissed the Petition with the observation that “the contribution made by the petitioner at a higher rate of 10% was in accordance with a n entirely different Scheme and the exemption that was granted to the petitioner was from the specific obligation under the EPF Act and nothing more”.