Judgments on Provident Fund Deductions
Please note there are two judgments: Group 4 Securitas Guarding Ltd & Another Vs. EPF Appellate Tribunal & Others (WP (C) No. 4408/2000 and 4433/2000 dated 20.09.2011) and Surya Roshini Limited Vs. EPF and Another.
The following are the briefs of the above cases:
1. HRA, Overtime Allowance, Bonus, Commission, or any other similar allowance are not covered in the definition of Basic wages.
2. Special Allowance, Dearness Allowance, Conveyance Allowance, and other allowances, if paid universally to all the employees, would be treated as part and parcel of basic wages.
Therefore, if any salary is paid to all the employees as per point no. 2, then that component attracts Provident Fund.
HRA is exempted up to 50% of the Basic salary, overtime is exempted if paid as per law (double the salary for extra work done), bonus if paid annually, and commission has to be related to some output.
The general principle is all amounts paid/paidable on a monthly basis are taxable under Provident Fund except the components with proper exemptions.
Regards,
Alex Antony
Director
Benignity Organisation Support Services Pvt Ltd