TaxTMI 
TaxTMI 
2026 (1) TMI 53
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.... The Regional Provident Fund Commissioner- II to challenge the Impugned Order dated 03.07.2024 passed by National Company Law Tribunal, Ahmedabad Bench, Ahmedabad ('Tribunal') by which an application bearing IA No. 516 of 2024 filed by Employees Provident Fund Organization for setting aside the communication dated 15.01.2024 issued by the Resolution Professional by which the claims submitted by the Appellant was rejected, has been dismissed. 2. In brief, the Corporate Debtor, namely, M/s Bloom Dekor Limited was admitted to CIRP by order of the Tribunal dated 11.10.2023 and Ms. Vineeta Maheshwari was appointed as the IRP and then RP. 3. The Respondent, after having been appointed as IRP, sent an intimation on 19.10.2023 of the initiati....
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....Company Appeal (AT) (Ins.) No. 580 of 2023 decided on 11.09.2024. 10. On the other hand, Counsel for the Respondent has submitted that immediately on the admission of the application, filed either under Section 7, 9 or 10, leads to the appointment of the IRP and the court imposes the moratorium under Section 14 of the Code. He has further submitted that any assessment post moratorium quo the amount claimed by the Appellant under Section 7Q and 14B of the Act is not permissible. In this regard, he has relied upon a decision of this court in the matter of CA Pankaj Shah vs. Employee Provident Fund Organisation & Anr. in Company Appeal (AT) (Insolvency) No. 17 of 2025 decided on 03.09.2025. 11. We have heard both the Counsel for the Part....
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....e because in the said case the CIRP was initiated on 17.02.2023. The inspection was carried out by the EPFO on 10.05.2023 and report was submitted by Enforcement Officer by which it was communicated that amount of Rs. 33,99,135/- was worked out as due from the CD for the period from April, 2015 to March, 2021. The said period was before the date of CIRP i.e., 17.02.2023 but the inspection report of the assessment was post CIRP i.e., 10.05.2023. 18. In this background, this court has held that after the imposition of moratorium under Section 14 of the Code, the assessment cannot be carried out much less no claim can be raised. In this regard, the observations made by this court in the case of CA Pankaj Shah (Supra) are reproduced as under....
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....onsideration: (1) Whether after imposition of moratorium under Section 14 of the IBC, assessment proceedings can be carried on by the EPFO under Section 7A, 14B and 7Q of the EPF & MP Act, 1952. (2) Whether any claim on the basis of assessment, subsequent to imposition of moratorium, can be admitted in the CIRP. (3) Whether claims, which were filed by the Appellant(s), subsequent to the approval of Resolution Plan by the CoC, could have been admitted in the CIRP." 10. The above judgment clearly indicates that after initiation of the CIRP, no assessment can be initiated or continued against the Corporate Debtor so as to pass any pecuniary liability on the Corporate Debtor. In the present case, the EPFO has made demand on the basis o....