S. 268A: Appeal-Instructions-Circulars-Monetary limits-Revenue could not rely upon the exception contained in Circular No. 5/2024 dated 15-3-2024 to justify prosecuting an appeal filed prior to that Circular. The appeal was disposed of as the tax effect was below the prescribed monetary limit of 2 crores. [S.260A]
S. 268A: Appeal-Instructions-Circulars-Monetary limits-Appeal by Revenue-Monetary limit-Tax effect below Rs. 2 crores-Appeal to be disposed of-CBDT Circular No. 05 of 2024, dated 15-3-2024.[S.260A]
S. 268A : Appeal-Instructions-Circulars-Monetary limits-Monetary limit of Rs. 50 lakhs-Pending appeals-Exceptions introduced by subsequent letter cannot operate retrospectively. The increased monetary limit, however, applied to pending appeals and appeals instituted before 20-8-2018 having tax effect below Rs. 50 lakhs were liable to be disposed of. [S.119, 260A]
S. 268A : Appeal-Instructions-Circulars-Monetary limits-Pending appeals-Exceptions introduced subsequently applicable prospectively.[S. 119, 260A]
S. 268A : Appeal-Instructions-Circulars-Monetary limits-Tax effect below Rs. 2 crores-Exceptions under subsequent CBDT circular not applicable to pending appeals-Appeals disposed of-Circular No. 5/2024, dated 15-3-2024.[S.119, 260A]
S. 264: Commissioner-Revision of other orders-Claim not made in return-Revisionary jurisdiction extends to such claim-Precedent-Binding nature of order of Tribunal-Revenue cannot disregard binding Tribunal precedent merely because it is challenged before a higher Court.[S. 80IB(10),115JC, Art. 226]
S. 264: Commissioner-Revision of other orders-Intimation under section 143(1)-Intimation is an order-Alternate remedy-Commissioner cannot refuse jurisdiction.[S. 143(1), Art. 226]
S. 260A: Appeal-High Court-Moratorium under IBC-Where the assessee company was undergoing Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016, the revenue’s appeals against the Tribunal’s order on the assessee’s tax liability could not proceed during the moratorium under Section 14 of the IBC.[The Insolvency and Bankruptcy Code, 2016, 14, 238]
S. 260A: Appeal-High Court-Delay-Communication of Tribunal order-Service on Chartered Accountant not sufficient-Appeal has been filed after a delay of 2961 days (8 years and 41 days)-Delay condoned.[S. 254(3), 255, 288, Rule 35, Chartered Accountants Act, 1949, S.2(1)(b)]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Employee’s contributions (EPF/ESI)-Subsequent Supreme Court judgment-No mistake apparent from the record-Rectification impermissible. [S. 36(1)(va), 139(1),260A, Art. 226]