Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
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Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
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The Appellate Tribunal (NCLAT) dismissed the company appeal as time-barred, holding the appellant could not invoke Section 14 Limitation Act to exclude periods spent litigating a commercial suit which he instituted and pursued to final judgment on 05.10.2021. The tribunal found the appellant had constructive knowledge of the alleged wrongful transfer of 500 shares on 11.05.2016, rendering proceedings under Section 59 Companies Act barred by the limitation period read with Sections 3 and 5 Limitation Act. The earlier Commercial Court judgment operating as constructive res judicata precludes relief; no extension of limitation was warranted and the appeal was accordingly dismissed.
The Appellate Tribunal (NCLAT) dismissed the company appeal as time-barred, holding the appellant could not invoke Section 14 Limitation Act to exclude periods spent litigating a commercial suit which he instituted and pursued to final judgment on 05.10.2021. The tribunal found the appellant had constructive knowledge of the alleged wrongful transfer of 500 shares on 11.05.2016, rendering proceedings under Section 59 Companies Act barred by the limitation period read with Sections 3 and 5 Limitation Act. The earlier Commercial Court judgment operating as constructive res judicata precludes relief; no extension of limitation was warranted and the appeal was accordingly dismissed.
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