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465 orders · Page 8 of 10
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac (the limit prescribed for filing appeals before High Courts), deserved to be dismissed as not pressed in light of CBDT Circular dated 10.12.2015. The court reasoned that the circular, which applies retrospectively to pending appeals, sets monetary limits for filing appeals by the Revenue. While acknowledging exceptions where appeals might be contested on merits irrespective of tax effect, the court found the present case did not fall under those exceptions based on the information presented. The court clarified that the substantial questions of law raised in the appeal, if any, were left open for examination in future proceedings. It also granted liberty to the Revenue to move an application for recalling the order if the appeal fell under any exceptions mentioned in the circular.
The High Court held that the appeal, with a tax effect less than Rs. 20 lakhs, deserved to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The circular, effective retrospectively, stipulated a monetary limit of Rs. 20,00,000/- for filing appeals before the High Court. The court acknowledged that certain exceptions exist where appeals can be filed irrespective of the tax effect, as outlined in paragraph 8 of the circular. However, since the present appeal did not appear to fall under these exceptions, and the tax effect was below the prescribed limit, it was dismissed. The court explicitly stated that the substantial questions of law raised in the appeal, if any, were left open for examination in future proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular.
The High Court held that the instant appeal, with a tax effect less than Rs. 20 lac, deserved to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The Court clarified that the substantial questions of law raised in the appeal were left open to be examined in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the appeal filed by the Revenue is to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The Court noted that the tax effect in the instant case is less than Rs. 20 lakhs, which is the prescribed monetary limit for filing appeals before the High Court as per the circular. The Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in future proceedings. The Court also observed that if the appeal falls under any of the exceptions mentioned in the circular (e.g., constitutional validity, Board's order held illegal, revenue audit objection accepted, or undisclosed foreign assets), the Revenue is at liberty to move an application for recalling the order. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the issue was covered by its previous decisions and a binding order from the Central Board of Direct Taxes (CBDT). The CBDT, in its order dated March 16, 2007, had approved that any income received on behalf of "Arvind Bhatri Vidyalala Samiti, Ambabari, Jaipur-302023" shall not be included in the total income, subject to specified conditions. This approval was applicable for Assessment Year 1999-2000 and onwards. The Court noted that in a previous case, the revenue's counsel agreed that the CBDT order was binding and entitled the assessee to exemption. Therefore, the assessee was held entitled to exemption under Section 10(23C)(vi) of the Income Tax Act, 1961. The Tribunal had already affirmed the order of the CIT(A) which had allowed the exemption. The issue was answered in favour of the assessee.
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac (and thus below the monetary limit prescribed for High Court appeals in CBDT Circular No. 21/2015), deserved to be dismissed as not pressed. The Court acknowledged the circular's retrospective application to pending appeals. It clarified that the substantial questions of law raised in the appeal were left open for examination in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular. Therefore, the appeal was dismissed based on the monetary limit stipulated in the CBDT circular.
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac, deserved to be dismissed as not pressed in light of CBDT Circular dated 10.12.2015. The circular, which set a monetary limit of Rs. 20,00,000/- for filing appeals before the High Court and was applicable retrospectively to pending appeals, governed the present case. The Court clarified that the substantial questions of law raised in the appeal, if any, were left open for examination in future appropriate proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular. The operative direction was the dismissal of the appeal as not pressed.
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lakh, deserved to be dismissed as not pressed, in light of CBDT Circular dated 10.12.2015. The court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in an appropriate proceeding in the future. The court also observed that if the appeal fell under any of the exceptions mentioned in the circular (e.g., constitutional validity, Board's order held illegal, revenue audit objection accepted, or addition relating to undisclosed foreign assets/bank accounts), the Revenue would be at liberty to move an application for recalling the order. Consequently, the appeal was dismissed as not pressed.
The High Court held that the appeal filed by the Revenue was not maintainable before it, considering the tax effect was less than Rs. 20 lakh, as stipulated by CBDT Circular No. 21/2015. The Court noted that the circular applies retrospectively to pending appeals. Therefore, the appeal was dismissed as not pressed. The Court clarified that the substantial questions of law raised in the appeal, if any, are left open for examination in future proceedings. It also granted liberty to the Revenue to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the circular.
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac, which is the prescribed monetary limit for filing appeals before the High Courts as per CBDT Circular No. 21/2015, deserves to be dismissed as not pressed. The Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in an appropriate proceeding if they arise in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the circular. The ratio decidendi is that appeals with tax effects below the prescribed monetary limits in CBDT circulars should generally be dismissed as not pressed, unless they fall under specific exceptions.
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac, deserves to be dismissed as not pressed in light of CBDT Circular dated 10.12.2015. The reasoning is that the circular sets a monetary limit of Rs. 20 lac for filing appeals before the High Court, and this appeal falls below that threshold. The Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the circular. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the appeal filed by the Revenue was to be dismissed as not pressed. This decision was based on the CBDT Circular No. 21/2015, which stipulated a monetary limit of Rs. 20,00,000/- for filing appeals before the High Court. Since the tax effect in the present case was less than this limit, and the circular applied retrospectively to pending appeals, the appeal was not maintainable unless it fell under specific exceptions. The Court clarified that any substantial questions of law raised in the appeal were left open to be examined in future appropriate proceedings. It also granted liberty to the Revenue to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular. The ratio decidendi is that appeals below the prescribed monetary limits, as per the CBDT circular, should generally be dismissed as not pressed, unless they fall under specific exceptions or are pressed on merits.
The High Court held that the appeal deserved to be dismissed as not pressed, taking note of CBDT Circular dated 10.12.2015 and the fact that the tax effect was indisputably less than Rs. 20 lac, which was the prescribed limit for filing appeals before the High Courts. The Court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in an appropriate proceeding in the future. The Court also observed that if the appeal fell under any of the exceptions specified in the Circular dated 10.12.2015, the Revenue would be at liberty to move an application for recalling the order. The ratio is that appeals with a tax effect below the prescribed monetary limits in CBDT circulars should generally be withdrawn or not pressed, unless they fall under specific exceptions, and the substantial questions of law are preserved for future consideration.
The High Court held that the appeal is dismissed as not pressed, taking into account CBDT Circular No. 21/2015 and the fact that the tax effect in the instant case is less than Rs. 20 lac. The Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in an appropriate proceeding in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls within any of the exceptions specified in the Circular dated 10/12/2015. The ratio decidendi is that appeals with a tax effect below the stipulated monetary limits in CBDT circulars should generally be withdrawn or not pressed, unless they fall under specific exceptions.
The High Court held that the appeal is dismissed as not pressed, taking into account CBDT Circular No. 21/2015 dated December 10, 2015. The Court noted that the tax effect in the instant case was indisputably less than Rs. 20 lac, which is the prescribed monetary limit for filing appeals before the High Courts. The Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in an appropriate proceeding in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the Circular dated December 10, 2015. The ratio decidendi is that appeals with a tax effect below the prescribed monetary limits in CBDT circulars should be dismissed as not pressed, unless they fall under specific exceptions.
The High Court held that the issue is squarely covered by its own decision in CIT vs. Krishi Upaj Mandi Samiti, Shrimadhopur ([2011] 331 ITR 174 (Raj.)). The Court agreed with the assessee that the objection by the revenue, that the assessee having claimed exemption under Section 10(20) as a local authority could not apply for registration under Section 12A, was without substance. The Court found that the activities of the Assessees-K.U.M.S. and the Rajasthan State Agriculture Marketing Board, as enshrined under the Rajasthan Agricultural Produce Markets Act, 1961, bring these institutions within the purview of "charitable institutions." Therefore, they are entitled to be registered under Section 12A and claim exemption under Sections 11 and 12 of the Income-tax Act, 1961. The Court answered the substantial questions of law in favour of the assessee and against the department. The appeals preferred by the Revenue were dismissed.
The High Court held that the appeal filed by the Revenue was not maintainable before it, as the tax effect was less than Rs. 20 lakh, which is the monetary limit prescribed for filing appeals before the High Court by CBDT Circular No. 21/2015. The Court observed that this circular applies retrospectively to pending appeals. Therefore, the appeal was dismissed as not pressed. The Court clarified that any substantial questions of law raised in the appeal were left open to be examined in future appropriate proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular.
The High Court held that the appeal filed by the Revenue deserved to be dismissed as not pressed, taking into account CBDT Circular dated 10.12.2015 and the fact that the tax effect in the instant case was less than Rs. 20 lac, which is the prescribed limit for filing appeals before the High Courts. The Court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in an appropriate proceeding in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal fell within any of the exceptions mentioned in the Circular dated 10.12.2015. The appeal was accordingly dismissed as not pressed.
The High Court held that both issues are to be answered in favour of the assessee and against the department. Regarding the first issue, the judgment does not explicitly detail the reasoning for deleting the addition of Rs. 15,92,770/- under Section 234A, but it is implied that the assessee's contention regarding the filing of a revised return was accepted. For the second issue, concerning interest under Section 220(2)/143(4), the Court agreed with the CIT(A)'s observation that interest under these sections is not chargeable on a refund granted under Section 143(1)(a). The CIT(A) had noted that interest is chargeable only on a demand raised under Section 156 that remains unpaid. The Court confirmed the CIT(A)'s view that the AO was justified in holding that there was no mistake apparent from the record requiring renewal regarding this interest. Therefore, the appeal filed by the department is dismissed.
The High Court admitted the appeal only on Question No. 3: Whether the learned Income Tax Appellate Tribunal was justified in not allowing deduction in respect of interest and salary to partners in accordance with the provisions of Section 44 AD inspite of adopting the Net Profit rate in accordance with that section? The Court noted the proviso to sub-section (2) of Section 44 AD, which states that for eligible assessees being firms, salary and interest paid to partners shall be deducted from income computed under sub-section (1), subject to conditions in Section 40(b). However, the Court observed that the assessee had not pressed this ground before the Tribunal. Therefore, the Court held that it would not be appropriate to answer this question as it was not pressed into service before the Tribunal. Consequently, the issue was answered in favour of the Department and against the assessee on the factual matrix. The appeal was dismissed.
The High Court held that the matter required remittance back to the Tribunal. The Tribunal, in its order, observed that there was no agreement between the assessee and Shri Tanvir for letting out the guesthouse on a fixed rent. It noted that in the previous assessment year, the rent was estimated at Rs.16,500/- per month by the CIT(A) and accepted by the assessee, as no further appeal was filed. Consequently, the Tribunal found no infirmity with the AO's order, which had made the addition by following the earlier CIT(A) order. The Tribunal set aside the CIT(A)'s order and restored the AO's order, sustaining the addition of Rs.1,08,000/- in favour of the Department. The High Court, acknowledging the need for further consideration, decided to remit the matter back to the Tribunal for disposal within three months. The specific issue of the deduction under Section 24(1) was not definitively decided by the High Court but was to be reconsidered by the Tribunal.
The High Court held that the appeal deserved to be dismissed as not pressed, taking note of CBDT Circular dated 10.12.2015 and the fact that the tax effect in the instant case was less than Rs. 20 lac, which is the prescribed limit for filing appeals before the High Courts. The Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in an appropriate proceeding if they arise in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the Circular. The appeal was accordingly dismissed as not pressed.
The High Court held that the appeal deserved to be dismissed as not pressed, taking note of CBDT Circular dated 10.12.2015 and the fact that the tax effect in the instant case was less than Rs. 20 lac, which was the prescribed limit for filing appeals before the High Courts. The Court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in future proceedings. It also observed that if the appeal fell under any of the exceptions mentioned in the circular, the Revenue was at liberty to move an application for recalling the order. Consequently, the appeal was dismissed as not pressed in light of the CBDT Circular dated 10.12.2015.
The High Court held that the appeal filed by the Revenue was not pressed, taking into account the CBDT Circular dated 10.12.2015 and the fact that the tax effect in the instant case was less than Rs. 20 lac, which is the prescribed limit for filing appeals before the High Courts. The court noted that the substantial questions of law raised in the appeal, if any, were left open to be examined in an appropriate proceeding in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions specified in the circular. Consequently, the appeal was dismissed as not pressed.
The High Court held that the appeal filed by the Revenue was to be dismissed as not pressed, in light of CBDT Circular No. 21/2015 and the fact that the tax effect was less than Rs. 20 lac, which was the prescribed monetary limit for filing appeals before the High Court. The court clarified that any substantial questions of law raised in the appeal were left open to be examined in future appropriate proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the appeal filed by the Revenue is to be dismissed as not pressed. This decision is based on the CBDT Circular No. 21/2015, which sets a monetary limit of Rs. 20 lac for filing appeals before the High Court. Since the tax effect in the present case is indisputably less than Rs. 20 lac, the appeal falls within the scope of the circular's directive to reduce litigation by not pursuing cases below these limits. The Court clarified that the substantial questions of law raised in the appeal are left open to be examined in future appropriate proceedings. Furthermore, the Revenue is at liberty to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the circular, such as those concerning constitutional validity or the legality of Board's orders.
The High Court held that the issue was squarely covered by its earlier decision in Commissioner of Income Tax vs. Krishi Upaj Mandi Samiti, Shrimadhopur (2011) 331 ITR 174 (Raj.). The Court agreed with the assessee that the controversy regarding registration under Section 12A and consequent exemption under Sections 11 and 12 was not involved in the Supreme Court's Narela's case. The Court found that the assessee Samitis had applied for registration under Section 12A and for consequent exemption under Section 11 as charitable institutions. The Court reiterated that if such registration is valid, the consequences under Chapter III of the Income-tax Act by virtue of Sections 11 and 12 are bound to follow. The Court rejected the Revenue's objection that since the assessee had claimed exemption prior to April 1, 2003, under Section 10(20) as a local authority, it could not apply for registration as a charitable institution under Section 12A. The High Court concluded that the activities of the Assessees-K.U.M.S. and the Rajasthan State Agriculture Marketing Board bring these institutions within the purview of "charitable institutions" entitling them for registration under Section 12A and exemption under Sections 11 and 12. Therefore, the appeals preferred by the Revenue deserved to be dismissed.
The High Court held that the appeal filed by the Revenue was not maintainable as the tax effect was less than Rs. 20 lac, which is the prescribed monetary limit for filing appeals before the High Court as per CBDT Circular No. 21/2015. The Court noted that this circular was applicable retrospectively to pending appeals. Consequently, the appeal was dismissed as not pressed. However, the Court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in future appropriate proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular.
The High Court held that the appeal filed by the Revenue is to be dismissed as not pressed. The reasoning is based on CBDT Circular No. 21/2015, which mandates that appeals shall not be filed before the High Court if the tax effect does not exceed Rs. 20,00,000/-. Since the tax effect in the present case was indisputably less than Rs. 20 lac, the appeal falls within the purview of this circular. The Court clarified that any substantial questions of law raised in the appeal are left open to be examined in future appropriate proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the circular. The operative direction is the dismissal of the appeal as not pressed.
The High Court held that the appeal filed by the Revenue is to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The circular mandates that appeals shall not be filed where the tax effect does not exceed Rs. 20,00,000/- before the High Court. Since the tax effect in this case is indisputably less than Rs. 20 lac, the appeal does not meet the monetary threshold for filing. The Court clarified that the substantial questions of law raised in the appeal are left open for examination in future proceedings. The Revenue is at liberty to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the circular, such as constitutional validity challenges or adverse rulings on Board's orders. The ratio is that appeals below the prescribed monetary limits, as per CBDT circulars, should generally be withdrawn or not pressed, unless specific exceptions apply.
The High Court held that the appeal filed by the Revenue deserved to be dismissed as not pressed, taking into account CBDT Circular dated 10.12.2015 and the fact that the tax effect in the instant case was less than Rs. 20 lac, which is the prescribed limit for filing appeals before High Courts. The Court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in future proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the appeal deserved to be dismissed as not pressed, taking into account the CBDT Circular dated December 10, 2015, and the fact that the tax effect in the instant case was less than Rs. 20 lakh, which is the prescribed limit for filing appeals before the High Courts. The Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions specified in the circular. The appeal was accordingly dismissed as not pressed, with parties having liberty to revive the appeal in case of difficulty.
The High Court held that the appeal deserved to be dismissed as not pressed, taking note of the CBDT Circular dated 10.12.2015 and the fact that the tax effect in the instant case was less than Rs. 20 lac, which is below the prescribed limit for filing appeals before the High Courts. The Court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in an appropriate proceeding in the future. The Court also observed that if the appeal fell under any of the exceptions mentioned in the Circular dated 10.12.2015, the Revenue would be at liberty to move an application for recalling the order. Accordingly, the appeal was dismissed as not pressed. The parties were granted liberty to revive the appeal in case of difficulty.
The Tribunal held that the appeal is dismissed as not pressed, taking into account CBDT Circular No. 21/2015 and the fact that the tax effect in the instant case is less than Rs. 20 lac, which is the prescribed monetary limit for filing appeals before the High Courts. The Tribunal clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal falls within any of the exceptions specified in the circular dated 10.12.2015. The ratio decidendi is that appeals with a tax effect below the prescribed monetary limits should generally be withdrawn or not pressed, unless they fall under specific exceptions or are decided on merits.
The High Court held that the appeal filed by the Revenue before it, with a tax effect indisputably less than Rs. 20 lac, deserves to be dismissed as not pressed, in light of CBDT Circular dated 10.12.2015. The Court noted that the circular specifies Rs. 20,00,000/- as the monetary limit for filing appeals before the High Courts. The Court clarified that the substantial questions of law raised in the instant appeal, if any, are left open to be examined in an appropriate proceeding if they arise in the future. The Revenue was granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions specified in the Circular dated 10.12.2015. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac, which is the prescribed monetary limit for filing appeals before the High Courts as per CBDT Circular No. 21/2015, deserves to be dismissed as not pressed. The Court noted that the circular applies retrospectively to pending appeals. However, the Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in an appropriate proceeding in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions specified in the Circular dated 10.12.2015. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the appeal, having a tax effect less than Rs. 20 lac, deserved to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The Court noted that the circular sets monetary limits for filing appeals before the High Court. While the circular provides exceptions for certain types of cases (e.g., constitutional validity challenges, adverse judgments on Board's orders, undisclosed foreign assets), the present appeal did not appear to fall under these exceptions based on the information presented. The Court clarified that the substantial questions of law raised in the appeal, if any, were left open for examination in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular.
The High Court held that the appeal, having a tax effect less than Rs. 20 lac, deserved to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The Court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the Circular dated 10.12.2015. The operative direction was to dismiss the appeal as not pressed.
The Tribunal held that the appeal, having a tax effect less than Rs. 20 lakh, deserves to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The circular, which applies retrospectively, sets a monetary limit of Rs. 20 lakh for filing appeals before the High Court. The Tribunal noted that while certain exceptions exist (e.g., constitutional validity challenges, adverse judgments on Board's orders, revenue audit objections accepted, or undisclosed foreign assets/bank accounts), the present appeal does not appear to fall under these exceptions. However, the Tribunal clarified that the substantial questions of law raised in the appeal are left open for examination in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the circular.
The High Court held that the appeal is dismissed as not pressed, primarily based on CBDT Circular No. 21/2015. The circular sets a monetary limit of Rs. 20 lac for filing appeals before the High Court. Since the tax effect in this case is less than Rs. 20 lac, the appeal falls within the ambit of the circular's directive to not file appeals where the tax effect does not exceed the prescribed limits. The Court clarified that any substantial questions of law raised in the appeal are left open for examination in future appropriate proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the circular, such as constitutional validity challenges or issues relating to undisclosed foreign assets.
The High Court held that the appeal filed by the Revenue was to be dismissed as not pressed. This decision was based on the Central Board of Direct Taxes (CBDT) Circular No. 21/2015 dated 10.12.2015, which stipulated a monetary limit of Rs. 20,00,000/- for filing appeals before the High Courts. Since the tax effect in the present case was indisputably less than Rs. 20 lac, the circular mandated that such appeals should not be filed or, if pending, should be withdrawn or not pressed. The Court clarified that any substantial questions of law raised in the appeal were left open for examination in future appropriate proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular, such as constitutional validity challenges or where the Board's order was held illegal.
The High Court held that the appeal deserved to be dismissed as not pressed, taking into account CBDT Circular No. 21/2015 and the fact that the tax effect in the instant case was less than Rs. 20 lac. The Court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in an appropriate proceeding if they arise in the future. The Court also observed that if the appeal fell under any of the exceptions specified in the Circular dated 10.12.2015, the Revenue would be at liberty to move an application for recalling the order. Accordingly, the appeal was dismissed as not pressed in light of the CBDT Circular.
The High Court held that the appeal filed by the Revenue is not maintainable as the tax effect is less than Rs. 20 lac, which is the monetary limit prescribed for filing appeals before the High Court as per CBDT Circular No. 21/2015. The Court noted that the circular applies retrospectively to pending appeals. Consequently, the appeal was dismissed as not pressed. However, the Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in future appropriate proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions specified in the circular.
The High Court, by relying on its own previous decision in Commissioner of Income Tax vs. Krishi Upaj Mandi Samiti, Shrimadhopur (2011) 331 ITR 174 (Raj.), held that the appeals preferred by the Revenue deserved to be dismissed. The Court affirmed that the activities of the assessee-KUMS and the Rajasthan State Agriculture Marketing Board, as enshrined under the Rajasthan Agricultural Produce Markets Act, 1961, bring these institutions within the purview of 'charitable institutions'. Consequently, they are entitled to be registered as charitable institutions under Section 12A of the Income-tax Act, 1961, and to claim exemption under Sections 11 and 12 of the Act. The Court found no substance in the objection that having claimed exemption prior to April 1, 2003, under Section 10(20) as a local authority, the assessee could not apply for registration as a charitable institution. Therefore, both substantial questions of law were answered in favour of the assessee and against the Department. The appeal was dismissed.
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac, deserved to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The court noted that the circular, issued under Section 268A(1) of the Income-tax Act, 1961, aimed to reduce litigation by setting monetary limits for filing appeals. While the circular provided exceptions for certain types of cases (e.g., constitutional validity challenges, adverse judgments on Board's orders, undisclosed foreign assets), the present appeal did not fall under these exceptions. The court clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal fell within the exceptions mentioned in the circular. Consequently, the appeal was dismissed as not pressed.
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac (which is the prescribed limit for filing appeals before the High Courts as per CBDT Circular No. 21/2015), deserves to be dismissed as not pressed. The Court noted that the circular applies retrospectively to pending appeals. However, the Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in an appropriate proceeding in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions specified in the circular. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the appeal, having a tax effect less than Rs. 20 lac, which is the monetary limit prescribed for filing appeals before the High Court by CBDT Circular No. 21/2015, deserved to be dismissed as not pressed. The court noted that the circular was applicable retrospectively to pending appeals. The substantial questions of law, if any, were left open to be examined in future appropriate proceedings. The Revenue was granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions mentioned in the circular. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the appeal deserved to be dismissed as not pressed, taking into account the CBDT Circular dated December 10, 2015, and the fact that the tax effect in the instant case was less than Rs. 20 lac, which is the monetary limit prescribed for filing appeals before the High Courts. The Court clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in an appropriate proceeding in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions mentioned in the Circular dated December 10, 2015. The operative direction was to dismiss the appeal as not pressed.
The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac (the monetary limit prescribed for filing appeals before High Courts as per CBDT Circular No. 21/2015), deserves to be dismissed as not pressed. The Court noted that the circular applies retrospectively to pending appeals. It clarified that the substantial questions of law raised in the appeal, if any, are left open to be examined in future appropriate proceedings. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions specified in the Circular dated 10/12/2015.
The Tribunal held that the appeal, having a tax effect less than Rs. 20 lac, deserved to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The reasoning was based on the explicit provisions of the circular which set monetary limits for filing appeals before the High Court and stated that pending appeals below these limits may be withdrawn or not pressed. The Tribunal clarified that the substantial questions of law raised in the appeal, if any, were left open to be examined in an appropriate future proceeding. The Tribunal also observed that if the appeal fell under any of the exceptions mentioned in the circular (e.g., constitutional validity, Board's order held illegal, revenue audit objection accepted, or addition relating to undisclosed foreign assets), the Revenue would be at liberty to move an application for recalling the order. The operative direction was to dismiss the appeal as not pressed.