https://www.taxtmi.com/caselaws?id=785596 Provident fund, pension fund and gratuity fund dues are excluded from the liquidation estate under Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code, so the Section 53 waterfall applies only after their exclusion. Protected provident fund dues include not only principal contributions but also statutory interest and damages arising from default under the Employees' Provident Funds and Miscellaneous Provisions Act. Their protected status depends on the nature of the liability, not on maintenance of a separately earmarked fund. Accordingly, such dues must be satisfied outside the liquidation distribution mechanism and cannot be treated as ordinary liquidation claims. en-us Tue, 13 Jan 2026 00:00:00 +0530 Wed, 28 Jan 2026 07:26:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=785596 Provident fund, pension fund and gratuity fund dues are excluded from the liquidation estate under Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code, so the Section 53 waterfall applies only after their exclusion. Protected provident fund dues include not only principal contributions but also statutory interest and damages arising from default under the Employees' Provident Funds and Miscellaneous Provisions Act. Their protected status depends on the nature of the liability, not on maintenance of a separately earmarked fund. Accordingly, such dues must be satisfied outside the liquidation distribution mechanism and cannot be treated as ordinary liquidation claims. Case-Laws IBC Tue, 13 Jan 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=785596