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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
M/s Kodaikanal International School – Appellant
Versus
The Regional Provident Fund Commissioner – Respondent
| Table of Content |
|---|
| 1. exemption surrender requires timely pf accumulations transfer. (Para 2 , 3 , 7) |
| 2. parties dispute interest rate excessiveness and compliance. (Para 4 , 5) |
| 3. section 7q mandates 12% interest without discretion. (Para 9 , 10 , 11) |
| 4. interest enhancement impermissible without prior notice. (Para 12 , 13) |
| 5. order modified; reduced payment with conditional interest. (Para 14) |
ORDER
The petitioner challenges the order dated 20.12.2024 passed by the respondent under Section 17B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, whereby the petitioner has been called upon to pay a sum of Rs. 52,53,047/- towards belated remittance of provident fund accumulations.
2. The petitioner, an educational institution, was granted exemption under Section 17(1)(a) of the Act with effect from 01.08.1982. Subsequently, the petitioner, on its own volition, surrendered the exemption with effect from 01.06.2003, and was permitted to comply as an unexempted establishment by order dated
25.05.2023.
3. As per the said order, the petitioner was required to transfer the provident fund accumulations of its members within the stipulated time, namely, ten (10) days in the case
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