# In the matter of CA Pankaj Shah vs. Employee Provident Fund Organisation (EPFO) and Anr.

> NCLAT judgment dated 2025-09-03. Citation: TCN-2025-NCLAT-00473. The case involves three appeals against the order dated 13.11.2024 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 3 Sept 2025
- **Citation:** TCN-2025-NCLAT-00473
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ca-pankaj-shah-vs-employee-provident-fund-organisation-69aa0ca0

## Summary

### Background

The case involves three appeals against the order dated 13.11.2024 passed by the Adjudicating Authority (National Company Law Tribunal) Indore Bench in IA No.5 of 2024 and IA No.409 of 2024. IA No.5 of 2024 was filed by the Resolution Professional- CA Pankaj Shah and IA No.409 of 2024 was filed by Regional Provident Fund Commissioner Employee's provident Fund Organisation. Both the applications have been disposed of by the impugned order.

## Facts

The Corporate Insolvency Resolution Process (CIRP) of M/s. Premshree Prime Properties Private Limited commenced on 17.02.2023.

CA Pankaj Shah was appointed as Interim Resolution Professional and later confirmed as Resolution Professional.

On 11.05.2023, the Employee's Provident Fund Organisation (EPFO) initiated an inquiry under Section 7A of the EPF & MP Act, 1952.

The EPFO submitted a claim form to the Resolution Professional, which was followed by a request for a proper claim form as per Regulation 9 of the Insolvency and Bankruptcy (Insolvency Resolution for Corporate Persons) Regulations, 2016.

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## Issues and analysis

### Issue 1: Whether assessment proceedings can be initiated or continued by the EPFO after the commencement of …

**Ratio:** After the initiation of CIRP and the imposition of a moratorium under Section 14 of the

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**Reasoning:** The Tribunal relied on the judgment of the Hon'ble Supreme Court in (2020) 13 SCC 208 –

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**Interpretation:** The term 'proceeding' under Section 14(1) of the IBC is broad and encompasses

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**Application:** In the present case, the EPFO initiated assessment proceedings and passed

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Employee Provident…
- **Respondents:** M/s. Premshree…; Employee Provident…; +1 more
- **Advocates:** Pratik Tr…; Gaurav…

## Timeline

- **17.02.2023 — Commencement…**: Corporate Insolvency Resolution Process (CIRP) of M/s. Premshree Prime Properties Private…
- **17.02.2023 — Appointment…**: CA Pankaj Shah was appointed as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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