Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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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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