Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Section 95(4)(a) of the Insolvency and Bankruptcy Code was treated as a completeness requirement for personal guarantor insolvency applications, not a rigid jurisdictional bar. Where liability was admitted through guarantee deeds, compromise terms and earlier judicial proceedings, the Appellate Tribunal held that the statutory purpose of disclosing debt was already satisfied and no further elaborate narration was necessary. A procedural objection about inadequate particulars, raised for the first time in appeal, was rejected because it involved mixed questions of fact and law and had not been urged before the Adjudicating Authority. The admission of the section 95 applications was accordingly upheld.
Section 95(4)(a) of the Insolvency and Bankruptcy Code was treated as a completeness requirement for personal guarantor insolvency applications, not a rigid jurisdictional bar. Where liability was admitted through guarantee deeds, compromise terms and earlier judicial proceedings, the Appellate Tribunal held that the statutory purpose of disclosing debt was already satisfied and no further elaborate narration was necessary. A procedural objection about inadequate particulars, raised for the first time in appeal, was rejected because it involved mixed questions of fact and law and had not been urged before the Adjudicating Authority. The admission of the section 95 applications was accordingly upheld.
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