Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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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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