Withdrawal from PF account

Procedure for Applying

1. Visit to the human resource department of the employer with a copy of the crossed blank cheque.
2. The HR department will give you the form 19 and 10 C. You can have it beforehand by downloading it from  Form 19 & Form 10C
3. You can ask information about your joining and leaving date from the HR
4. Submit both the forms with HR
5. HR will attest the form and send it to the regional PF office
6. The regional PF office takes about one month to process your application
7. EPFO deposits PF amount directly to the employee’s account
8. You can track your application status through this link. You can also know the PF balance in your account.

Common Problems in Withdrawal

1. Signature can mismatch. After a long stint your signature can change. If this is the situation, then you have to make an affidavit. This Affidavit should be also verified by the employer.
2. There may be errors in spelling of your or your father’s name. Again, your employer will rectify if first, and then you can apply for withdrawal.
3. You may have closed your earlier account. An affidavit and employer attestation would work in this case as well.
4. The employer did not submit your recent PF contribution. If it happens, you can complain to regional EPFO. Else, you can wait for some days.
5. You have not served your notice period and the employer is not supporting. Don’t worry; you can withdraw EPF without the employer’s signature as well. If you have universal account number, don’t worry for this highhandedness.
6. Your employer doesn’t have a record of the EPF account number. To get the PF number search your old Pay Slip. Generally it has the PF account number. Still, you can’t get the PF number, write letter to the regional PF commissioner with all the details (name, father’s name, DOB, Name of establishment, Location, date of joining date of leaving) and ask for PF number. Use register your grievance facility of EPFO.
7. The Company is no more. In this case you should follow the procedure of PF withdrawal without employer’s signature.

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Registration under MSME Development Act, 2006 and its benefits

An act to facilitate the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto.

Requirement of filling memorandum (i.e. obtaining registration under this Act)

Under this act, SSI registration has been dispensed with and replaced with filling of memorandum U/s 8.

Filling of memorandum is optional for all Micro and Small Enterprises

Filling of memorandum is optional for service sector medium enterprises

Filling of memorandum is mandatory for manufacturing sector medium enterprises

For online registration visit www.em.msme.gov.in > Click Entrepreneur Registration> Select the State> Read the instructions > Click Go to Registration> Fill the Form and Submit> Again visit www.em.msme.gov.in> Click Entrepreneur Login> Fill the form and submit> Print out the Memorandum certificate.

Note: There is no fee for processing the memorandum

Classification of the Enterprises 

Classification	Manufacturing Concern	Service Provider
Micro	Investment in P&M does not Exceed 25 lakhs	Investment in equipment does not exceed 10 lakh rupees
Small	Investment in P&M is more than 25 lakhs  but does not exceed 5 crores	Investment in equipment is more than 10 lakh rupees but does not exceed 2 crore rupees
Medium	If investment in P&M is more than 5 crores but does not exceed 10 crores	Investment in equipment is more than 2 crore rupees but does not exceed 5 crore rupees

As per the RBI directives, classification of the Micro and Small (Now Medium Enterprises also covered via N/N {RBI/2014-15/573 FIDD.CO.Plan.BC.54/04.09.01/2014-15}) Enterprises (manufacturing and service) shall be under Priority Sector. [See Benefits for Priority Sector below]

Note: “For the purpose of calculating the ceiling limit, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified, by notification, shall be excluded” for more on details exclusions click here

Documents required for obtaining registration

For registration purpose the entrepreneur must be ready with the following:

1. Scanned copy of Identity Proof: Voter Id / Pan card /Adhar Card / Bank Passbook(first page with photo) / Driving License
2. Scanned Copy of full signature of the entrepreneur filing this Memorandum
3. Valid E-mail Id and Mobile number

Documents list which may be required during online filing for EM-II:

1. Scanned photo identity proof
2. Supporting document for organization
3. First sale bill
4. Electricity bill/Self certification document (if unit runs without electricity)
5. Main raw material purchase bill
6. Scanned copy of full signature of the entrepreneur

Guidelines for filing Entrepreneurs Memorandum For Setting Up Micro, Small or Medium Enterprise
1.	Memorandum is to be filed with the Regional Industries Centre / District Industries Centre by a Micro, Small or Medium Enterprise as the case may be under subsection(1) of section 8 of the Micro, Small & Medium Enterprises Development(MSMED) Act,2006.
2.	There is no fee for processing the memorandum.
3.	Existing units should fill up only Part II of the memorandum.
4.	In case of any change in the information, at any point of time, please inform the details within three month to RIC/ DIC.
5.	Fill up whichever is applicable.
6.	All codes other than pin code shall be filled by the RIC/DIC.
7.	Form number will be system generated.
8.	Enclose a self-certified copy of Power of Attorney/Board Resolution/Society Resolution, wherever applicable, while signing as Partner/Managing Director or Authorized person, etc.
9.	Enclose a certified/notarized copy of the Partnership Deed, Memorandum of Association and Articles of Association certificate.
10.	For registration purpose the entrepreneur must be ready with the following:
	a) Scanned copy of Identity Proof: Any one of Voter Id / Pan card /Adhar Card / Bank Passbook (first page with photo) / Driving License.
	b) Scanned Copy of full signature of the entrepreneur filing this Memorandum.
	c) Valid E-mail Id and Mobile number.

Benefits of Registering MSME under MSME Act 2006

1. Protection against delay in payment from Buyers: Timely receipt of payment, in respect of supply of goods or rendering of services to any buyer as it becomes a statutory obligation for the buyer.“Any Buyer who has purchased any goods or availed any services from MSM Enterprises which has filed a memorandum with the authority, then the buyer shall make the payment on or before the date agreed upon between him and the supplier in writing or within a period of 15 days from the day the goods are delivered or services are rendered.However the period of credit, in any case, cannot exceed 45 days from the date of delivering product or services.”
2. Also MSM Enterprises are eligible to receive interest on delayed payment from the buyers @ 3 times of the bank rate notified by RBI
3. Eligible for availing exemption under:
   a) Excise Scheme (SSI Exemption by NN 8/2003)
   b) Direct Tax Laws
4. Easy finance availability from Banks, without collateral requirement : MSME are classified as Priority (lending) sector by RBIBenefit for Priority Sector: “Advantage of being classified under Priority Sector: All banks are provided with the target for Priority Sector lending (40% of Adjusted Net Bank Credit or equivalent amount of off-Balance sheet exposure, whichever is higher {As per NN RBI/2014-15/95}) which it has to achieve. Further, advances to MSE sector will be reckoned in computing achievement under the overall priority sector target.
5. There are a number of schemes and programmes to help and assist entrepreneurs, especially small businesses. Besides this, several other Ministries have also been supporting the cause of MSME sector. A comprehensive list/ details of such schemes and programmes for the stakeholders are presented here.

Consequence of Non Registration

1. Since filing is optional, no penalty is attracted. However, filing the memorandum is prerequisite to qualify as a ‘supplier’ for Chapter V purposes and non-filing will make the supplier ineligible to benefits under Chapter V relating to right to receive timely payment and right to receive interest under Sec 16 for delayed payment.
2. According to Sec 28(1), whoever intentionally contravenes or attempts to contravene or abets the contravention of any of the provisions contained in subsection (1) of Sec 8 shall be punishable:
   a) First conviction: Fine which can extend up to 1000/- rupees
   b) Second or subsequent conviction: Minimum 1000/- rupees but which can extend up to 10000/- rupees

Obligation for buyers in case of entering into contract with registered MSME

1. The Buyers have to confirm the registration of the suppliers under the MSMED Act, 2006
2. Date of Credit Period:
   a) Date as agreed between the Supplier and Buyer as per agreement
   b)45 days from the date of Delivery/ deemed date of Delivery, whichever is earlier

Note: 15 days from the date of acceptance or the day of deemed acceptance of any goods or services from a supplier would be treated as the credit period if nothing is agreed between the Buyer and Supplier.

Micro and Small Enterprises Facilitation Council (MSEFC)

Application to Micro and Small Enterprises Facilitation Council (MSEFC) can be made in case of dispute for starting the arbitration process. Once the application is done under MSEFC, there is no provision to withdraw the proceedings.

MSME Schemes

 SME Division Scheme 

1. Scheme for 'Providing financial assistance on International Cooperation'

2. Scheme for 'providing financial assistance for performance and credit rating under PCR Scheme

3. Scheme for providing establishment of new institutions (EDIs), strengthening the infrastructure for EDIs under ATI Scheme

4. Scheme for providing financial assistance on marketing support under Marketing Assistance Scheme

ARI Division Scheme

1. Scheme for providing financial assistance to set up new enterprises under PMEGP

2. Scheme of Fund for Regeneration of Traditional Industries(SFURTI).

3. Scheme for providing insurance cover to khadi artisans under Janshree Bima Yojana

4. Scheme for providing financial assistance to Khadi institutions under MDA

5. Scheme for providing financial assistance for R & D activities of Coir Board under Central Sector Plan Scheme of Science & Technology (S&T) of the Coir Board

6. Scheme for providing financial assistance to Coir units under Coir Udyami Yojana(CUY)

7. Scheme for providing financial assistance to Coir Vikas Yojana(CVY)

DC MSME Scheme

1. Scheme for 'Providing Financial Assistance on Bar-Code' an NMCP Scheme

2. Scheme for 'Support for entrepreneurial and managerial development of SMEs through incubators'- an NMCP Scheme

3. Scheme for ' Enabling manufacturing sector to be competitive through Quality Management Standards and Quality technology tools'- an NMCP Scheme

4. Scheme for 'Building Awareness on Intellectual Property Rights' (IPR) for the Micro, Small & Medium Enterprises- an NMCP Scheme

5. Scheme for 'Lean Manufacturing Competitiveness of Micro Small and Medium Enterprises (LMCS)'- an NMCP Scheme

6. Scheme for 'Setting up Mini Tool Room & Training Centres under PPP Mode'- an NMCP Scheme

7. Scheme for 'Building Design expertise of MSMEs Manufacturing sector (Design clinic scheme)'- an NMCP Scheme

8. Scheme for 'Marketing Assistance and Technology Up-gradation of MSMEs'- an NMCP Scheme

9. Scheme for 'Technology and Quality Upgradation (TEQUP) Support to MSMEs'- an NMCP Scheme

10. Scheme for 'Promotion of ICT in Indian Manufacturing Sector (ICT)'- an NMCP Scheme

11. Scheme for 'Micro & Small Enterprises Cluster Development Programme (MSE-CDP)'

12. Scheme for 'Credit Linked Capital Subsidy for Technology Upgradation (CLCS- TU)'

13. Scheme for 'Credit Guarantee Fund for Micro and SmalI Enterprises'

14. Scheme for 'ISO 9000/ISO 14001 Certification Reimbursement

15. Scheme for 'Market Development Assistance (MDA) to MSMEs'

16. Scheme 'Strengthening of Training Infrastructure of existing and new Entrepreneurship Development Institutions'

17. Scheme for 'Micro Finance Programme'

18. Scheme for 'National Awards'

19. Scheme for 'Supporting 5 selected universities / colleges to run 1200 entrepreneurship clubs per annum'

20. Scheme for 'Trade Related Entrepreneurship Assistance and Development (TREAD) Scheme to Women'

21. Scheme for 'Entrepreneurship Skill Development Programmes (ESDP)'

22. Scheme for 'Vendor Development Programme for Ancillarisation'

Prepared by: Hardeep Singh. For any query or any suggestions visit Contact Us section

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Exice Duty and Service Tax Online e-Payment Procedure

Procedure for e-payment

1. To pay Excise Duty and Service Tax online, the Assessee has to enter the 15 digit Assessee Code allotted by the jurisdictional Commissionerate.
2. There will be an online check on the validity of the Assessee Code entered.
3. If the Assessee code is valid, then corresponding Assessee details like Name, Address, Commissionerate code etc. as present in the Assessee Code Master will be displayed.
4. Based on the Assessee Code, the Duty / Tax i.e. Excise Duty or Service Tax to be paid will be automatically selected.
5. The Assessee is required to select the Type of Duty / Tax to be paid by clicking on Select Accounting Codes for Excise or Select Accounting Codes for Service Tax depending on the type of Duty / Tax to be paid.
6. At a time, Assessee can select upto six Accounting Codes.
7. The Assessee should also select the Bank through which payment is to be made.
8. On submission of data entered, a confirmation screen will be displayed. If the taxpayer confirms the data entered in the screen, it will be directed to the net-Banking site of the Bank selected.
9. The taxpayer will login to the net-Banking site with the user ID/ password provided by the Bank for net-Banking purpose and enter payment details at the Bank site.
10. On successful payment, a challan counterfoil will be displayed containing CIN, payment details and Bank name through which e-Payment has been made. This counterfoil is proof of payment being made. 

Banks List For e-Payment

e-Payment facilitates payment of Excise Duty and Service Tax online by an Assessee. To avail this facility the Assessee is required to have a net-Banking account with any of the Banks listed below.Please click here to access the e-Payment facility for the following Banks:

https://cbec-easiest.gov.in/EST/InputPageForEPaymentServlet

1. Allahabad Bank
2. Andhra Bank
3. AXIS Bank
4. Bank of Baroda
5. Bank of India
6. Bank of Maharashtra
7. Canara Bank
8. Central Bank of India
9. Corporation Bank
10. Dena Bank
11. HDFC Bank
12. ICICI Bank
13. IDBI Bank
14. Indian Bank
15. Indian Overseas Bank
16. Oriental Bank of Commerce
17. Punjab & Sind Bank
18. Punjab National Bank
19. State Bank of Bikaner and Jaipur
20. State Bank of Hyderabad
21. State Bank of India
22. State Bank of Mysore
23. State Bank of Patiala
24. State Bank of Travancore
25. Syndicate Bank
26. UCO Bank
27. Union Bank of India
28. United Bank of India
29. Vijaya Bank

FAQs / Questions & Answers

What is e-Payment of taxes?

This is a facility provided to the Assessee to make Central Excise Duty or Service Tax payments through internet, using net-Banking facility.

How can I use this facility to pay Central Excise Duty or Service Tax?

You can use the facility if -

a) You have a Bank account with net-Banking facility, and

b) Your Bank is amongst the Banks that provide the e- Payment facility.

Whether it is mandatory to pay tax online?

With effect from 1st October 2014, every Assessee shall electronically pay the Service Tax / Central Excise Duty payable by him, through internet banking vide notification 9/2014-ST and 19/2014-CE (NT) dated 11.07.2014 respectively.

How do I know whether my Bank provides this facility?

The list of Banks providing this facility is available on the NSDL-CBEC website. Alternatively you may get the information from your Bank.

What is the procedure for entering the required data on the screen for paying tax online?

Follow the steps as under to pay tax online:-

Step 1

• Log on to NSDL-CBEC site website (cbec-easiest.gov.in) 
• Click on the menu e-Payment 
• Enter 15-digit valid Assessee Code 
• Select the respective type of Duty / Tax (accounting code) 
• Select the Bank name from the drop down provided 
• After entering all the above detail, click on PROCEED button 

Step 2 

• You can now verify the details entered by you. 
• Click on EDIT in case of rectification 
• Click on SUBMIT to the Bank button. 
• You will be directed to the net-Banking site provided by your Bank 

What is the procedure after being directed to the net-Banking site of the Bank?

The system will direct you to net-Banking facility of your Bank. You will have to log on to the net-Banking site of your Bank using your login ID and password/PIN provided by the Bank. The particulars entered by you at NSDL-CBEC website will be displayed again.

You will now be required to enter the amount of tax you intend to pay for each accounting code selected and also select your Bank account number from where you intend to pay the tax. After verifying the correctness, you can proceed with confirming the payment.

What will happen after I confirm the payment of tax at my Bank's site?

Your Bank will process the transaction online by debiting the Bank account indicated by you and generate a printable acknowledgment indicating the Challan Identification Number (CIN). You can verify the status of the challan in the Challan Status Inquiry at NSDL-CBEC website using CIN after a week, after making payment.

How can I know that I have completed tax payment using this facility?

Apart from CIN given to you, you can check your online Bank statement to verify the tax payment.

What is the timing for making payment through internet?

You will have to check the net-Banking webpage of your Bank's website for this information.

If I encounter any problem while making payment through internet whom should I contact?

If any problem encountered at the NSDL-CBEC website while entering non-financial data then write to at easiest@nsdl.co.in. The subject should indicate 'Online Payment of Indirect Tax'.

If any problem encountered while entering the financial details at the net-Banking webpage of your Bank, then you should contact your Bank for assistance.

Where should I make enquiries about my tax payments through internet?

You should contact your Bank for queries about your payment transaction through internet.

Whom should I contact if the counterfoil containing the CIN is not displayed on completion of the transaction and if I want duplicate counterfoil?

Your Bank provides facility for re-generation of electronic challan counterfoil kindly check the Bank website, if not then you should contact your Bank, request them for duplicate challan counterfoil.

If I have misplaced my counterfoil whom do I contact?

Your Bank provides facility for re-generation of electronic challan counterfoil kindly check the Bank website; if not then you should contact your Bank and request them for duplicate challan counterfoil.

After making e-Payment of Excise or Service tax if status of challan is not available under Challan Status Enquiry on NSDL-CBEC site, what should I do?

You can verify the status of the challan in the "Challan Status Inquiry" at NSDL-CBEC website after 5 to 7 days of making e-Payment. In case of non availability of the challan status kindly contact your Bank.

If I encountered any error on CBEC site while making e-Payment what should I do?

If encountered any error on e-tax website kindly write to easiest@nsdl.co.in. The subject should indicate 'Online Payment of Indirect Tax'.

Account get debited more than once for the same e-tax transaction what should I do?

If during the transaction or after completing the transaction Bank site encountered any error or get disconnected before generating Taxpayer counterfoil then instead of doing the same transaction again kindly check your account, if account is being debited then contact your Bank for regeneration of taxpayer counterfoil . Please note in the above case do not make the same transaction again which will result in account being debited more than once for same e-tax transaction.

How secure is the transmission of data to the website for e- Payment?

All transmission through NSDL-CBEC website is encrypted and is with Secure Socket Layer (SSL) authentication. With respect to the Banks, it depends on the security measures provided by the Bank for net-Banking.

How does this system of payment of taxes through internet benefit me as a taxpayer?

This system is beneficial to you as you are not required to personally visit the Bank to make the payments. Payment can be made electronically at your convenience from any place where an internet facility is available e.g. your office, residence, etc. Further, you get the Challan Identification Number (CIN) online, which is required by you when you file your return.

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Registration under ESI Act, 1948

Introduction

As per section 2A of the ESI Act every Factory/Establishment to which this Act applies shall get registered within such time (not later than 15 days after the Act becomes applicable) and in such manner as may be specified in the regulations.

Applicability of the Act

Under Section 2(12) the Act is applicable to non-seasonal factories employing 10 or more persons.

Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels, restaurants, cinemas including preview theaters, road-motor transport undertakings and newspaper establishments employing 20* or more persons.
Further under section 1(5) of the Act, the Scheme has been extended to Private Medical and Educational institutions employing 20* or more persons in certain States/UTs.

*Note: 14 State Govts. / UTs have reduced the threshold limit for coverage of shops and other establishments from 20 to 10 or more persons. Remaining State Governments/UTs are in the process of reducing the same.

The existing wage limit for coverage under the Act is Rs. 15,000/- per month ( w.e.f. 01/05/2010).

"Registration is the process by which every Employer/Factory and its every employee employed for wages, is identified for the purpose of the ESI Scheme, and their individual records are set up for them."

1.     Registration under ESI Act is a two way process:

Further, registration can be done either online or by filing hard-copy forms to the regional offices. (List of forms is given below). 

Under ESI Act, employer can get registered either as a Factory or as Shop/ Establishment. Thus, it is important that the employer has with it Factory license no. under Factories Act, 1948 or Registration no. under Shops & Establishment Act, 1953 respectively.

It is pertinent to note that at the time of registration, employer is required to pay advance contribution for the period of 6 months based on minimum wages, though the amount paid in advance is then adjusted against the actual contribution payable thereafter.

1.1       Employer Registration

For new employer registration under ESIC visit the following link:

https://www.esic.in/ESICInsurance1/ESICInsurancePortal/Signup.aspx, or

Alternatively, Form 01 (Employer's Registration Form) duly completed by employer can be furnished to the RO (Regional Office). It has been made mandatory for the employer to submit Declaration Forms (discussed in detail below) in respect of all his cover-able employees who were not registered earlier.

Upon receipt of the completed Employer’s Registration Form, the appropriate Regional Office shall, allot to the employer an Employer’s Code Number (unless the factory or the establishment has already been allotted an Employer’s code Number) and shall inform the employer of that number.

1.2       Employees’ Registration

For the purpose of employee registration Form 1 i.e. 'Employee Declaration form' is used.

A Declaration Form in respect of every employee should be submitted to the Branch Office to which he is attached within 10 days from the day on which the relevant information required for filling in the form is made available by the employee.

This Declaration Form should be accompanied by a Return of Declaration in Form 3 in duplicate. Normally a declaration form is submitted to a Branch Office only after the allotment of a code number to the factory/establishment.

In respect of female employees separate declaration forms and separate return of declaration forms have to be used and declaration forms and returns should be stamped 'Female'.

Some of the important points to be born in mind while filling in the declaration form can be summed up as under:

• Column against the insurance number is to be left blank
• If the area is under panel system leave the column against the dispensary blank
• If father's name is not available write the name of mother. A married female employee would indicate the name of her husband only.
• Indicate the date of birth correctly.
• Full and exact residential address should be indicated
• Another important column is the one regarding the nominee. Section 71 of the ESI Act which is relevant in this case reads as follows:
• " If a person dies during any period for which he is entitled to a cash benefit under this Act, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person."
• The details of the family should be filled in correctly in the relevant column and due care may be taken to fill in only such names which qualify for the status according to Section 2(11) of the ESI Act.
• The name of the Branch Office will be that to which the factory/establishment is attached
• The signature/thumb impression of the employee should be invariably be given on the D.F. It may be ensured that when an employee is capable to sign his signature may be obtained and not the thumb impression.
• The D.F. should be signed by a clerk and should be countersigned by an officer authorized to sign
• The full name, code number and address of the factory/establishment should be indicated in the declaration form

1.2.1       The procedure for registration of employees under the Computerized Process will be as follows:-

• The Employer will log into the official website of ESIC
  https://www.esic.in/ESICInsurance1/ESICInsurancePortal/Portal_Login.aspx
• The Employer will log in as Employer using the Login User ID/Password
• On entering the user ID and Password the Employer will be directed to the Employer landing page.
• On this page Employer will have to click Registration > Register your Employees link
• On clicking it employer will be redirected to Employee Declaration form, in this form details relating to the employees are required to be filled.
• On successful completion of the Declaration Form the same can be submitted and 10 digit Insurance No. will be automatically allotted.
• The Employer will be able to take a printout of Code allotment letter and can also generate the insurance numbers and take the print out of the Temporary Identity Certificate for the Insured Persons.
• A family photograph will be affixed on the designated space in the Temporary Identity Certificate and countersigned by the Employer for getting treatment till the Pehchan Card is delivered to the Insured Person.
• The Insured person along with his family will be required to visit the Branch Office of his choice or any other nearby place as directed by the Corporation for capturing the biometrics and photographic details for preparation of the Pehchan Cards.

2 .        List of Forms under ESI Act

Form No.	Name	Used for
Form 01	Employer Registration Form	For registration of employer
Form 1	Declaration Form for employees	For registering employee details
Form 3	Return of Declaration form	Summary of employees declaration forms
Form 5	Return of Contributions	For filling return of contributions
Form 01(A)	Annual Information of factory
Form 5A	Advance payment of contribution

Author: -Hardeep Singh.  For any queries or any suggestions kindly visit Contact us section. 

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