COMMON ORDER

M/s.Sri Venkatesa Paper and Board, a Company, incorporated under the Companies Act, failed to remit the EPF contribution for the period from September 2002 to May 2005 in time and it was paid belatedly. Therefore, a proceeding was initiated by the EPF Authority as against the Management. The EPF Authority, vide order dated 22.10.2013, has levied damages to the tune of Rs.51,35,380/-, for the belated payment of EPF contribution for the period from September 2002 to May 2005, under Section 14-B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to the 'Act'). Challenging the same, the Management has preferred an appeal under Section 7-I of the Act before the Appellate Tribunal in ATA No. 746(13)2013. The Tribunal, by order dated 29.11.2013, allowed the appeal, holding that since the Company was under financial crisis, it was referred to BIFR and therefore, there is no mens rea and actus rea on the part of the Company for the delayed payment of EPF contrbution;

further, the levy of damages for the belated payment is not a mandatory one, however, the Authority has levied damages under Section 14-B of the Act. The Tribunal has also