Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Section 430 bars civil court jurisdiction where the relief sought falls within matters the Tribunal is empowered to decide. Reading the oppression and mismanagement provisions together, the court held that the NCLT can regulate company affairs on an interim basis and grant incidental equitable relief, including injunctions, when the complained-of acts concern company accounts, records or evidence. Allegations framed as unauthorised access, alteration of records or tampering did not take the dispute outside the Tribunal's remit because they were integral to the oppression and mismanagement controversy. The civil suit sought no independent relief beyond that dispute, so the civil court lacked jurisdiction and the trial court's refusal of interim relief was restored.
Section 430 bars civil court jurisdiction where the relief sought falls within matters the Tribunal is empowered to decide. Reading the oppression and mismanagement provisions together, the court held that the NCLT can regulate company affairs on an interim basis and grant incidental equitable relief, including injunctions, when the complained-of acts concern company accounts, records or evidence. Allegations framed as unauthorised access, alteration of records or tampering did not take the dispute outside the Tribunal's remit because they were integral to the oppression and mismanagement controversy. The civil suit sought no independent relief beyond that dispute, so the civil court lacked jurisdiction and the trial court's refusal of interim relief was restored.
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