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    <title>2024 (7) TMI 762 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
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    <description>Provident fund dues, including contribution, interest and damages recoverable from the employer, are excluded from the liquidation estate under Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code and cannot be distributed through the Section 53 waterfall. The EPF Act was treated as giving priority to these amounts, and the expression &quot;amounts due&quot; was read to cover contribution as well as statutory interest and damages. On that basis, provident fund sums remain outside liquidation assets and are not available for ordinary distribution in insolvency. The EPFO claim was therefore protected from inclusion in the liquidation estate.</description>
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    <pubDate>Wed, 10 Jul 2024 00:00:00 +0530</pubDate>
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      <title>2024 (7) TMI 762 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=755542</link>
      <description>Provident fund dues, including contribution, interest and damages recoverable from the employer, are excluded from the liquidation estate under Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code and cannot be distributed through the Section 53 waterfall. The EPF Act was treated as giving priority to these amounts, and the expression &quot;amounts due&quot; was read to cover contribution as well as statutory interest and damages. On that basis, provident fund sums remain outside liquidation assets and are not available for ordinary distribution in insolvency. The EPFO claim was therefore protected from inclusion in the liquidation estate.</description>
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