pallavi-agarwal1
hi,
i have a query as to when a new company is formed and has no applicability of esi and epf, is it mandatory to get its registrations.
also, now we have recd a notice for the same to file the returns for the same. what to do?

From India
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Drsivaglobalhr
Doctor Siva Global Hr
Pallavi-agarwal1
Chartered Accountant

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drsivaglobalhr
295

Dear Colleague,

Kindly have a glance :

Applicability of PF:
The EPF Act is applicable to every establishment which employees 20 (twenty) or more persons and every such employer shall be required to be registered under the EPF on the government website 'Employee Provident Fund Organisation (EPFO)

Applicability of ESI:
The Employees' State Insurance Act, 1948 ['ESI Act'] is applicable to non-seasonal power using factories employing 10 or more persons and non-power using factories and establishments employing 20 or more persons. All employees who earn less than ₹ 21,000/month are covered

Hence kindly check the number of employees in your employees as per the above thresholds. You had mentioned that there are no employees hence doubly check. If there are no or not meeting the required number of employees, then the Act is not applicable. You may send a suitable reply and get it prepared by a Labour Law Practitioner and file the reply to the authority refereeing the details of the notice you had received.

From India, Chennai
saswatabanerjee
2324

When a new company or LLP is formed, the MCA automatically grants PAN, TAN, PF and ESIC registration to it
The details must have been received by you along with the registration of the company.

You should have immediately had the registration cancelled if you were not liable.
Now that you haven't, I suggest you file NIL returns and thereafter, cancel your registration.

You will need to pay minimum, nominal fees and penalty for late filing

From India, Mumbai

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