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    <title>Back-to-back contract receivables held outside liquidation estate; sub-contractor dues treated as CIRP costs, with limited interest awarded.</title>
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    <description>In a back-to-back construction contract, the NCLAT held that where the corporate debtor was entitled only to a 4% margin and had assigned the risks, liabilities and profit share to the sub-contractor, the remaining 96% of receivables from the principal employer belonged to the sub-contractor and was held in trust outside the liquidation estate under section 36(4)(a)(i). It also held that, because the project continued during CIRP to keep the corporate debtor as a going concern, the sub-contractor&#039;s running bills formed part of CIRP costs rather than operational debt, and no claim in Form C was required. Interest on the withheld amount was confined to simple interest at 9% up to the date of the impugned order.</description>
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    <pubDate>Wed, 29 Apr 2026 08:24:41 +0530</pubDate>
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      <title>Back-to-back contract receivables held outside liquidation estate; sub-contractor dues treated as CIRP costs, with limited interest awarded.</title>
      <link>https://www.taxtmi.com/highlights?id=99299</link>
      <description>In a back-to-back construction contract, the NCLAT held that where the corporate debtor was entitled only to a 4% margin and had assigned the risks, liabilities and profit share to the sub-contractor, the remaining 96% of receivables from the principal employer belonged to the sub-contractor and was held in trust outside the liquidation estate under section 36(4)(a)(i). It also held that, because the project continued during CIRP to keep the corporate debtor as a going concern, the sub-contractor&#039;s running bills formed part of CIRP costs rather than operational debt, and no claim in Form C was required. Interest on the withheld amount was confined to simple interest at 9% up to the date of the impugned order.</description>
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      <pubDate>Wed, 29 Apr 2026 08:24:41 +0530</pubDate>
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