Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
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The HC dismissed the Government's appeal arising under assessment u/s 143(3) due to non-compliance with threshold limits prescribed by CBDT Circular Nos. 5/2024 and 9/2024, aimed at curbing unnecessary litigation. The Court held that the exception in para 3.1(l) of Circular 5/2024, which excludes appeals stemming from orders under Section 201/201(1A), does not apply to appeals arising from assessments u/s 143(3). Since the tax effect in the present case was below Rs. 2 Crores, the appeal was barred from admission. The Division Bench's prior ruling binds the bench, confirming that appeals with tax implications under the specified monetary threshold are not maintainable before the ITAT or HC, thereby upholding the circulars' intent to limit frivolous Government appeals.
The HC dismissed the Government's appeal arising under assessment u/s 143(3) due to non-compliance with threshold limits prescribed by CBDT Circular Nos. 5/2024 and 9/2024, aimed at curbing unnecessary litigation. The Court held that the exception in para 3.1(l) of Circular 5/2024, which excludes appeals stemming from orders under Section 201/201(1A), does not apply to appeals arising from assessments u/s 143(3). Since the tax effect in the present case was below Rs. 2 Crores, the appeal was barred from admission. The Division Bench's prior ruling binds the bench, confirming that appeals with tax implications under the specified monetary threshold are not maintainable before the ITAT or HC, thereby upholding the circulars' intent to limit frivolous Government appeals.
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