https://www.taxtmi.com/caselaws?id=423655 Provident fund dues, including statutory interest and damages, are treated as amounts due from the employer under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and do not form part of the corporate debtor's liquidation estate under the Insolvency and Bankruptcy Code, 2016. Because the liquidator controls only assets within the liquidation estate, such claims cannot be brought into the distributable pool or subjected to the ordinary waterfall mechanism. The tribunal's reasoning gives these dues statutory priority, with the result that the provident fund authority is entitled to recover the full claim outside liquidation distribution. en-us Thu, 02 Jun 2022 00:00:00 +0530 Fri, 10 Jun 2022 21:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=423655 Provident fund dues, including statutory interest and damages, are treated as amounts due from the employer under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and do not form part of the corporate debtor's liquidation estate under the Insolvency and Bankruptcy Code, 2016. Because the liquidator controls only assets within the liquidation estate, such claims cannot be brought into the distributable pool or subjected to the ordinary waterfall mechanism. The tribunal's reasoning gives these dues statutory priority, with the result that the provident fund authority is entitled to recover the full claim outside liquidation distribution. Case-Laws Insolvency and Bankruptcy Thu, 02 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=423655