https://www.taxtmi.com/caselaws?id=397548 Gratuity dues are excluded from the liquidation estate under Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code, and cannot be brought into distribution under Section 53 merely because no separate gratuity fund was maintained. The liquidator's role is confined to assets within the estate, while gratuity entitlement under the Payment of Gratuity Act depends on statutory eligibility and does not authorise creation of liability from non-estate assets. On that reasoning, the direction to provide for gratuity payment in liquidation was unsustainable and was set aside. en-us Tue, 11 Feb 2020 00:00:00 +0530 Sat, 22 Aug 2020 09:42:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=397548 Gratuity dues are excluded from the liquidation estate under Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code, and cannot be brought into distribution under Section 53 merely because no separate gratuity fund was maintained. The liquidator's role is confined to assets within the estate, while gratuity entitlement under the Payment of Gratuity Act depends on statutory eligibility and does not authorise creation of liability from non-estate assets. On that reasoning, the direction to provide for gratuity payment in liquidation was unsustainable and was set aside. Case-Laws Insolvency and Bankruptcy Tue, 11 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=397548