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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HC held that disputes arising from the Employment Agreement and associated director fiduciary duties constitute a civil, non-commercial dispute and do not fall within the ambit of "commercial dispute" under Section 2(1)(c) of the Commercial Courts Act, 2015. It further held that Section 430 of the Companies Act does not bar the civil court's jurisdiction, as NCLT lacks competence to adjudicate breaches of personal service contracts, non-compete and confidentiality obligations, or to grant damages and injunctive reliefs sought. The court ruled that the plaint cannot be rejected, in whole or in part, under Order VII Rule 11 CPC at this preliminary stage. The defendant's application under Order VII Rule 11 CPC was dismissed, with liberty to raise objections at trial.
HC held that disputes arising from the Employment Agreement and associated director fiduciary duties constitute a civil, non-commercial dispute and do not fall within the ambit of "commercial dispute" under Section 2(1)(c) of the Commercial Courts Act, 2015. It further held that Section 430 of the Companies Act does not bar the civil court's jurisdiction, as NCLT lacks competence to adjudicate breaches of personal service contracts, non-compete and confidentiality obligations, or to grant damages and injunctive reliefs sought. The court ruled that the plaint cannot be rejected, in whole or in part, under Order VII Rule 11 CPC at this preliminary stage. The defendant's application under Order VII Rule 11 CPC was dismissed, with liberty to raise objections at trial.
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