Liquidation of ABC Private Ltd. has been ordered by Adjudicating Authority, Mumbai vide its order dated 27th May, 2018. Amit Kumar was appointed as Liquidator of ABC Private Limited. The particulars relating to ABC Priva

CS Professional · Insolvency - Law and Practice · PYQS · December 2019
Liquidation of ABC Private Ltd. has been ordered by Adjudicating Authority, Mumbai vide its order dated 27th May, 2018. Amit Kumar was appointed as Liquidator of ABC Private Limited. The particulars relating to ABC Private Ltd. which has gone into liquidation are as follows: Sl. No. Particulars Amount (₹) 1. Amount realized from the sale of liquidation of assets 16,00,000 2. Secured Creditor who has relinquished the security 5,00,000 3. Unsecured Financial Creditors 4,00,000 4. Income-tax payable within a period of 3 years preceding the Liquidation commencement date. The Income Tax payable is ₹25,000 in each Financial Year. 75,000 5. CESS payable to State Government within a period of one year preceding the liquidation commencement date. 20,000 6. Fees payable to Resolution Professional 75,000 7. Expenses incurred by the Resolution Professional in running the business of the ABC Private Ltd. as a going concern. 25,000 8. Workmen salary payable for a period of thirty months preceding the liquidation commencement date. The workmen's salary is the same for each of the 30 months. 3,00,000 9. Preference Shareholders 1,00,000 10. Equity Shareholders 10,00,000 Distribute the proceeds among all categories of dues as per the priority order in terms of the provisions of the IBC, 2016. While distributing the proceeds, it may be presumed that the proportionate contribution of each in all categories to the fees payable to the Resolution Professional has been taken into account already and need not be recalculated.

Answer & Explanation:

S. No. Particulars Amount (₹) (i) Fees payable to Resolution Professional in full (deducted from the amounts payable to all categories below as per the provision of sub-section 3 of section 53 of the Code. The amount shown as payable is after deducting proportional amount) 75,000 (ii) Expenses incurred by the Resolution Professional in running the business on going concern (deducted from sale proceeds) 25,000 (iii) Workmen Salary outstanding for a period of 24 months (proportionate to 24 months only). The balance ₹60,000 is considered as remaining debts and dues and will be settled before preference shareholder / equity shareholder. 2,40,000 (iv) Secured creditor who has relinquished the security. 5,00,000 (v) Unsecured Financial Creditors 4,00,000 (vi) Income-Tax payable within the period of 2 years 50,000 (vii) CESS to State government payable within a period of one year 20,000 (viii) Balance amount in workmen salary 60,000 (ix) Balance amount for income tax 25,000 (x) Total distribution in the above priority 13,95,000 Amount realized from the sale of Liquidation of Assets 16,00,000 (xi) Preference shareholders 1,00,000 (xii) Balance available to Equity Shareholders on pro-rata basis 1,05,000

Topics: Liquidation Process

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