Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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