Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
NCLAT dismissed the application for interim injunction, holding that the applicant failed to establish the requisite balance of convenience and the triple criteria for restraining the general body meeting scheduled for 29.10.2024. The Tribunal found preservation of share value impracticable if the underlying company is commercially stifled, and emphasized that the spirit of the IBC favors permitting related companies to continue commercial operations irrespective of control disputes. Disputes over control and unauthorized capital increase were characterized as matters for oppression and mismanagement proceedings under the Companies Act, properly within the NCLT's jurisdiction. Given these considerations, including the failure of the final limb of the test, injunctive relief was refused and the application dismissed.
NCLAT dismissed the application for interim injunction, holding that the applicant failed to establish the requisite balance of convenience and the triple criteria for restraining the general body meeting scheduled for 29.10.2024. The Tribunal found preservation of share value impracticable if the underlying company is commercially stifled, and emphasized that the spirit of the IBC favors permitting related companies to continue commercial operations irrespective of control disputes. Disputes over control and unauthorized capital increase were characterized as matters for oppression and mismanagement proceedings under the Companies Act, properly within the NCLT's jurisdiction. Given these considerations, including the failure of the final limb of the test, injunctive relief was refused and the application dismissed.
Note: It is a system-generated summary and is for quick reference only.