Permanent-establishment reassessment cannot revisit scrutinised disclosures; extended reopening fails without undisclosed material facts and within st...
Modified returns after business reorganisation must be assessed within pending proceedings, barring parallel scrutiny and consequential transfer prici...
Turnover mismatches under percentage-completion accounting cannot alone establish suppressed income where customer advances remain recorded as liabili...
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Employment-agreement claims for unpaid salary, increments, sales commission and related dues concern a contract of personal service and fall outside the statutory definition of a commercial dispute under the Commercial Courts Act, 2015. Ordinary employer-employee disputes cannot be brought within that definition contrary to the legislative framework. Where such a recovery claim is filed before a Commercial Court, the plaint should be returned for presentation before the appropriate court rather than dismissed, avoiding the need to institute a fresh proceeding and incur further expense.
Employment-agreement claims for unpaid salary, increments, sales commission and related dues concern a contract of personal service and fall outside the statutory definition of a commercial dispute under the Commercial Courts Act, 2015. Ordinary employer-employee disputes cannot be brought within that definition contrary to the legislative framework. Where such a recovery claim is filed before a Commercial Court, the plaint should be returned for presentation before the appropriate court rather than dismissed, avoiding the need to institute a fresh proceeding and incur further expense.
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