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...
TReDS reverse-factoring receivables remain operational debt where a bank pays suppliers against discounted invoices and receives assigned pre-existing trade receivables; no funds are disbursed to the corporate debtor against time value of money. Invoice discounts and delayed-payment charges compensate early realisation rather than create an independent loan, and assignment does not change the debt's operational character. A creditor directed to file its claim as operational debt cannot rely on an incorrect-category filing after declining timely submission in the prescribed form. An approved and implemented resolution plan is binding and cannot ordinarily be reopened beyond limited statutory appeal grounds, preventing relief that would disturb completed resolution.
TReDS reverse-factoring receivables remain operational debt where a bank pays suppliers against discounted invoices and receives assigned pre-existing trade receivables; no funds are disbursed to the corporate debtor against time value of money. Invoice discounts and delayed-payment charges compensate early realisation rather than create an independent loan, and assignment does not change the debt's operational character. A creditor directed to file its claim as operational debt cannot rely on an incorrect-category filing after declining timely submission in the prescribed form. An approved and implemented resolution plan is binding and cannot ordinarily be reopened beyond limited statutory appeal grounds, preventing relief that would disturb completed resolution.
Note: It is a system-generated summary and is for quick reference only.
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