https://www.taxtmi.com/highlights?id=103891 Provident-fund and gratuity dues are excluded from the liquidation estate and cannot be distributed through the insolvency waterfall; a successful resolution applicant must discharge those dues, including statutory interest on arrears. Statutory interest compensates delayed contributions, whereas damages for delay are penal in nature. The expression "may recover" in Section 14B raises whether the authorised officer may decline to impose damages in extenuating circumstances, despite no requirement of mens rea or actus reus; that issue stands referred to a larger Bench. A successful resolution applicant may seek Central Board reduction or waiver of damages, treating resolution-plan implementation as comparable to rehabilitation. en-us Fri, 18 Sep 2026 07:31:58 +0530 Fri, 18 Sep 2026 07:32:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=103891 Provident-fund and gratuity dues are excluded from the liquidation estate and cannot be distributed through the insolvency waterfall; a successful resolution applicant must discharge those dues, including statutory interest on arrears. Statutory interest compensates delayed contributions, whereas damages for delay are penal in nature. The expression "may recover" in Section 14B raises whether the authorised officer may decline to impose damages in extenuating circumstances, despite no requirement of mens rea or actus reus; that issue stands referred to a larger Bench. A successful resolution applicant may seek Central Board reduction or waiver of damages, treating resolution-plan implementation as comparable to rehabilitation. Highlights IBC Fri, 18 Sep 2026 07:31:58 +0530 https://www.taxtmi.com/highlights?id=103891