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The NCLAT held that after initiation of moratorium u/s 14(1) of the IBC, no assessment proceedings can be continued by the EPFO. However, after an order of liquidation is passed, Section 33(5) does not prohibit initiation or continuation of assessment proceedings. No claim based on assessment carried out during the moratorium period, prohibited u/s 14(1), can be admitted in CIRP. Claims filed by the appellants subsequent to approval of the Resolution Plan by the CoC could not have been admitted in CIRP as they were hit by Section 14(1). The appeals were dismissed as no error was found in the impugned orders of the Adjudicating Authority.
The NCLAT held that after initiation of moratorium u/s 14(1) of the IBC, no assessment proceedings can be continued by the EPFO. However, after an order of liquidation is passed, Section 33(5) does not prohibit initiation or continuation of assessment proceedings. No claim based on assessment carried out during the moratorium period, prohibited u/s 14(1), can be admitted in CIRP. Claims filed by the appellants subsequent to approval of the Resolution Plan by the CoC could not have been admitted in CIRP as they were hit by Section 14(1). The appeals were dismissed as no error was found in the impugned orders of the Adjudicating Authority.
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