Transfer pricing comparability: one support-services company accepted, government-owned and facility-management comparables excluded, forex loss claim...
Where the Companies Act provides a specific appellate forum against NCLT orders, writ proceedings cannot ordinarily be used to bypass that remedy, and High Court directions on delay do not bind the Appellate Tribunal on maintainability. Section 14 of the Limitation Act applies only on proof of bona fide prosecution with due diligence and good faith; repeated pursuit of writ, appeal and review proceedings after being told the proper remedy was an NCLAT appeal defeated that requirement. Limitation had to be tested under the special statutory scheme, and time spent in review before the High Court could not extend it. The delay application was rejected and the company appeal was dismissed as time-barred.
Where the Companies Act provides a specific appellate forum against NCLT orders, writ proceedings cannot ordinarily be used to bypass that remedy, and High Court directions on delay do not bind the Appellate Tribunal on maintainability. Section 14 of the Limitation Act applies only on proof of bona fide prosecution with due diligence and good faith; repeated pursuit of writ, appeal and review proceedings after being told the proper remedy was an NCLAT appeal defeated that requirement. Limitation had to be tested under the special statutory scheme, and time spent in review before the High Court could not extend it. The delay application was rejected and the company appeal was dismissed as time-barred.
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