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...
NCLAT held that once an application had been permitted to be withdrawn, the tribunal was not required to make further observations affecting the parties' rights. The impugned liberty to run the company according to law and to file a petition under Section 241 went beyond the prayer sought, revived a controversy already concluded or withdrawn in earlier proceedings, and amounted to judicial overreach and relief beyond pleadings. Those observations were therefore quashed, while the parties remained free to pursue any other remedy available in law.
NCLAT held that once an application had been permitted to be withdrawn, the tribunal was not required to make further observations affecting the parties' rights. The impugned liberty to run the company according to law and to file a petition under Section 241 went beyond the prayer sought, revived a controversy already concluded or withdrawn in earlier proceedings, and amounted to judicial overreach and relief beyond pleadings. Those observations were therefore quashed, while the parties remained free to pursue any other remedy available in law.
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