The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, has held that assessment of provident fund dues during moratorium under Section 14 of the Insolvency and Bankruptcy Code (IBC) is impermissible.
Dismissing appeals filed by both the Resolution Professional (RP) and the Employees’ Provident Fund Organisation (EPFO), the Tribunal ruled that post‑moratorium claims based on fresh assessment orders cannot be admitted in CIRP.
The dispute arose in the corporate insolvency resolution process (CIRP) of Premshree Prime Properties Pvt. Ltd., admitted on 17 February 2023. CA Pankaj Shah was appointed as Interim Resolution Professional and later confirmed as Resolution Professional.
During …