Bombay High Court Sets Aside EPFO’s ₹1.22-Crore PF Demand; Holds Assessment Continued During IBC Moratorium Was Impermissible and Post-Resolution Recovery Cannot Survive
Facts
The petitioner, M/s Dolphin Offshore Enterprises (India) Limited, challenged an order dated 24 February 2023 passed by the Employees’ Provident Fund Organisation under Section 7A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952.
A creditor had initiated insolvency proceedings against the petitioner under Section 9 of the Insolvency and Bankruptcy Code. The NCLT admitted the petition and commenced CIRP on 16 July 2020, whereupon an Interim Resolution Professional was appointed and claims were invited from creditors.
EPFO…