Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Class actions under Section 245 are maintainable in respect of transactions pleaded as past, continuing or systematically orchestrated where concealment prevents shareholder knowledge or authorisation; the Tribunal held such allegations justify admission. The Tribunal construed Section 245(1)(g) and residuary clause (h) to permit reliefs against the company, its directors and third parties, including damages or compensation aimed at restoring the company and consequential shareholder loss. The NCLT properly applied Section 245(4) factors (good faith and locus to pursue) and relevant NCLT Rules on threshold shareholding, joinder impracticability and common questions, and admission on the prima facie record was upheld.
Class actions under Section 245 are maintainable in respect of transactions pleaded as past, continuing or systematically orchestrated where concealment prevents shareholder knowledge or authorisation; the Tribunal held such allegations justify admission. The Tribunal construed Section 245(1)(g) and residuary clause (h) to permit reliefs against the company, its directors and third parties, including damages or compensation aimed at restoring the company and consequential shareholder loss. The NCLT properly applied Section 245(4) factors (good faith and locus to pursue) and relevant NCLT Rules on threshold shareholding, joinder impracticability and common questions, and admission on the prima facie record was upheld.
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