Just a moment...

Report
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

NCLAT Rules EPFO Assessments Can't Proceed During Moratorium; Liquidation Changes Status Under IBC Sections 14 & 33.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The NCLAT held that after initiation of moratorium u/s 14(1) of the IBC, no assessment proceedings can be continued by the EPFO. However, after an order of liquidation is passed, Section 33(5) does not prohibit initiation or continuation of assessment proceedings. No claim based on assessment carried out during the moratorium period, prohibited u/s 14(1), can be admitted in CIRP. Claims filed by the appellants subsequent to approval of the Resolution Plan by the CoC could not have been admitted in CIRP as they were hit by Section 14(1). The appeals were dismissed as no error was found in the impugned orders of the Adjudicating Authority.....