Client got demand notice under section 45A on 12/10/2018 for a sum of Rs.349635, esi deputy director calculated Assumed wages from 1-9-2013 to 30-06-18 for 10 persons, but actual contribution is 50467.24 after excluded wages as per IT returns, now time for appeal also expired(beyond 60 days), now can we approach deputy director to reconsider about contributions as an Employer, Please advice
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You can appeal, provided that 2 months have not crossed beyond 60 days. Also if you are condoned before the Appellate authority, you need to deposit 60% of the assessed ESIC amount by you or the assessed officer, whichever is higher.
In case your 2 months period has also got over, in this case also you need to file the condonation of delay petition , let it get rejected by the appellate authority and then on this order you need to appeal before the concerned High Court under article 226/227 and pray for allowing the condonation of delay and declaring this 2 months period after 60 days as unreasonable and arbitrary for being revoking your right to get heard. If the delay is condoned then no need of all these things!
But remember that the High Court may allow or disallow your petition! better to seek professional advice, please.
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