Reasonable Cause for Late Return: penalty under section 271(1)(c) unsustainable where disclosure, audit filing and voluntary offer showed no concealme...
Distribution of assets in company liquidation must exclude third-party assets before applying the statutory waterfall: exclusion of amounts held for employees (provident, pension and gratuity funds) takes precedence over general distribution rules, and sums determined under EPF provisions fall within all sums due to workmen. Such employee entitlements constitute third-party assets even if not held in a dedicated account and must be removed from the liquidation estate prior to distribution. Misclassification by the liquidator requires corrective relief: the financial creditor was directed to remit the disputed amount to the employee fund claimant and report compliance to the adjudicating authority for record correction.
Distribution of assets in company liquidation must exclude third-party assets before applying the statutory waterfall: exclusion of amounts held for employees (provident, pension and gratuity funds) takes precedence over general distribution rules, and sums determined under EPF provisions fall within all sums due to workmen. Such employee entitlements constitute third-party assets even if not held in a dedicated account and must be removed from the liquidation estate prior to distribution. Misclassification by the liquidator requires corrective relief: the financial creditor was directed to remit the disputed amount to the employee fund claimant and report compliance to the adjudicating authority for record correction.
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