Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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Provident fund, gratuity and pension dues were treated as statutory employee entitlements excluded from the liquidation estate, and the Tribunal rejected the argument that a segregated fund must exist on the liquidation commencement date for those dues to survive. It held that the provision is due-centric, not asset-centric, so the liquidator remains liable to pay such amounts outside distribution under the waterfall. The Tribunal also allowed exclusion of 1656 days of litigation time when computing twenty-four months' workmen dues, so prolonged CIRP delay would not defeat workmen's priority. A recovery certificate for salary dues was held to remain part of workmen's claims under the liquidation process.
Provident fund, gratuity and pension dues were treated as statutory employee entitlements excluded from the liquidation estate, and the Tribunal rejected the argument that a segregated fund must exist on the liquidation commencement date for those dues to survive. It held that the provision is due-centric, not asset-centric, so the liquidator remains liable to pay such amounts outside distribution under the waterfall. The Tribunal also allowed exclusion of 1656 days of litigation time when computing twenty-four months' workmen dues, so prolonged CIRP delay would not defeat workmen's priority. A recovery certificate for salary dues was held to remain part of workmen's claims under the liquidation process.
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