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1 - 10 of 18 (0.34 seconds)The Employees' Provident Funds Scheme, 1952
The Central Universities Act, 2009
The Income Tax Act, 1961
Vijaya Bank vs Epfo And Ors. on 30 July, 2014
12. Hon'ble High Court of Delhi in Vijaya Bank Vs. EPFO8, has held
at paragraph 11 & 14 as under:-
Binayak Swain vs Ramesh Chandra Panigrahi And Another on 10 December, 1965
17. This Court after appreciating the material on record, provisions of
Page 14 of 15
law set aside the orders attaching the bank account of the
petitioner by the respondents and the amount of Rs.
1,37,43,353/- & Rs. 60,28,875/- has already been lying with the
department, the petitioner has also remedy of appeal under
Section 7-A of the Act, 1952, the tribunal having jurisdiction over
the subject has power to waive or reduce the amount to be
deposited at the time of appeal, as such, interest of the
respondents is also secured, therefore, contention of the
department that amount which has been recovered without
following the due process should not be directed to be refunded
to the petitioner is not acceptable. Accordingly, the petitioner is
entitled to claim restitution by returning the said amount from the
department within 15 days from the date of receipt of copy of this
order. Hon'ble the Supreme Court in Binayak Swain Vs.
Ramesh Chandra Panigrahi & another10, has held at
paragraph 108 (iii) as under:-
Article 226 in Constitution of India [Constitution]
Section 7A in The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952 [Entire Act]
Ferro Concrete Construction (I) Pvt. ... vs Regional Provident Fund Commissioner ... on 3 October, 2001
Hon'ble High Court
of Madhya Pradesh in Ferro Concrete Construction (India)
Ltd. (Supra) has examined the Section 8F of the Act, 1952 as
well as application of Section 226 (3) of the Income Tax Act with
regard to recovery of dues made in the Act, 1952 and has held
as under:-