Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights October 2024 Year 2024 This

The NCLAT held that the claims of all eight EPFOs (Employees' ...


Provident Fund Claims to Be Prioritized in Liquidation Process; NCLAT Orders Payment Before Asset Liquidation.

October 7, 2024

Case Laws     IBC     AT

The NCLAT held that the claims of all eight EPFOs (Employees' Provident Fund Organizations) u/ss 7A, 7Q, and 14B of the EPF Act must be treated equally. The entire amount claimed by the EPFOs should be paid from the attached bank accounts of the Corporate Debtor (CD). If the funds are insufficient, the remaining amount should be met by disposing of other assets of the CD. After settling the EPFO claims, the remaining funds will form part of the liquidation estate. The attachment orders on the CD's bank accounts by the respondents were removed. The liquidator, along with respondents 3 and 4, must ensure payment of PF dues to the respective PF authorities, after which the liquidator can proceed with the CD's liquidation process. The appeal was disposed of accordingly.

View Source

 


 

You may also like:

  1. The provident fund dues, including contributions u/s 7A, interest u/s 7Q, and damages u/s 14 of the EPF Act, are not part of the liquidation estate assets. The EPFO...

  2. Initiation of CIRP - Liquidation process - preference of workmen for payment of dues - the provident fund, the pension fund and the gratuity fund do not come within the...

  3. CIRP - recovery of Provident Fund with interest - Tenability of the orders and the recovery notices which have been passed by the Respondent, admittedly, after the...

  4. The National Company Law Appellate Tribunal (NCLAT) held that the Resolution Plan must provide for payment of Provident Fund and Gratuity dues in accordance with Section...

  5. Liquidation of company - It must be borne in mind that the IBC treats the CIRP and Liquidation process as two separate stages and the proof of claim is to be filed...

  6. The NCLAT dismissed appellants' attempt to submit belated claims after a resolution plan had already been approved by both the CoC and Adjudicating Authority. The...

  7. Delay in deposit made to the employees Provident fund and ESIC - such sums were not credited by the respective assessee to the employees 'accounts in the relevant fund...

  8. A bidder in the liquidation process does not have a vested right to have their resolution plan considered or approved. - Regarding valuation of property, NCLAT...

  9. Prima facie adjustments - while processing the return u/s 143(1) - The tax auditor had not stated in the instant case to disallow Employees Contribution to Provident...

  10. Distribution of assets - Workmen dues - whether part of liquidation estate assets or not? - The provident fund dues, pension funds dues and gratuity fund dues are not...

  11. IBC - Liquidation Process - Certain provisions of the regulation shall apply to the liquidation processes commencing on or after the date of the commencement of the...

  12. Liability to contribute towards Liquidation Process Costs - scope of Financial Institution - The Tribunal found that the appellant, having invested a significant sum by...

  13. In the case at hand, the workmen's claims for wages and other dues were rejected by the liquidator due to lack of evidence substantiating their employment on the date of...

  14. Approval of the Resolution Plan - Requirement of liability of PF and ESI dues to be paid in Full - Claim u/s 7A, 7Q, and 14B of the Employees' Provident Funds &...

  15. Liquidation of Corporate Debtor - Section 33 of IBC - RP was deliberately keeping the relevant information away from the Appellant and wanted Liquidation order to be...

 

Quick Updates:Latest Updates