if you are not registered in PF department from 2002 to 2012 then your responsibility is nill the PF commissioner have not right ask documentation regarding PF. but attendance and other proof which is show that employees is less.
In this case what to do field officer has prepared the report in our favour but commissioner is not accepting the report we had the xerox copy of the report
If you were in operation for a certain period during which you had less than 20 employees, you are not liable for PF. However, you need to be able to prove that.
As per requirements of law, you are required to keep attendance and payroll records for a period of 3 years from the date of last entry in the register. In case of accounting records you are required by law to keep them for a 8 year period. So you can use that as a defence that you do not have the records any more since the statutory record keeping period is over.
But it would be required for you to show the relevant records within that period to prove that you had less than 20 employees.
PF authority have full right to check your documents from 2002 to 2012. You have to prove them that you had less than 20 employees during that period. Also please note that they can ask for first purchase and sale bill of your company from you.
In India , there is a trend to aviod PF liabilities.....and to avoid that liabilities they shows 5-6 employees in their payroll where as their balance sheet shows crores of rupees expenditure on account of Coolie & Cartage , Loading & unloading, Directors Servent expenses , Security expenses, Stipend etc etc ....all these account head covers under EPF Act....That is the main reason they are asking for previous documents and first purchase and sale bill of the company.. Supressing real fact to PF authority on the stregth way is not easy.....Now it is not easy also on different way.....
Wish you a very happy and successful PF Inspection.
I can suggest you a method, if you are interested, you can call me on +919840136792
Sr.Executive (pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
His post is very clear that his company is registered from 2012..and PF deptt is asking for the record from 2002-2012...
I must add one point ....Obtaining PF code is very easy now a days....but after you got a code number, PF authority will conduct an Inspection and you have to prove them that your your employee strength crosses 20 on 2012...it is called final coverage....
2. Would suggest that you seek the advice of a counsel on the matter and get a suitable reply drafted by him for transmission to the EPF Office in response to their notice.