2024 (1) TMI 1311 - HC - Income Tax

Maintainability of writ petitions against impugned order passed by PCIT (Central) Delhi-2 - retrospective application of Section 12AB(4) - as contended that the impugned order was appealable under Section 253(c) and should be tried by ITAT - HELD THAT - We find that a substantial jurisdictional question which merits consideration stands raised. We also bear in mind the need to adopt a uniform and consistent approach insofar as interim orders are concerned. This since an identical challenge has been duly entertained by a coordinate Bench of this Court and interim protection accorded. The Court also bears in mind that pleadings in 2023 (10) TMI 39 - DELHI HIGH COURT already stand completed and thus the issue can be decided finally on a short date. We consequently hold that the petitioners shall be entitled to interim reliefs in terms identical to those provided in paragraphs 17-19 of the aforenoted order passed in 2023 (10) TMI 39 - DELHI HIGH COURT subject to the clarification that the donations that may be accepted by the petitioners pursuant to the aforenoted interim directions shall be confined to domestic contributions only.

Summary

Issues:
1. Maintainability of the writ petitions challenging the impugned order passed by the Principal Commissioner of Income Tax.
2. Retrospective application of Section 12AB(4) of the Income Tax Act, 1961.

Analysis:
1. The High Court addressed the issue of the maintainability of the writ petitions challenging the impugned order passed by the Principal Commissioner of Income Tax. The respondents contended that the impugned order was appealable under Section 253(c) of the Income Tax Act and should be tried by the Income Tax Appellate Tribunal. However, the Court noted a substantial jurisdictional question and emphasized the need for a uniform approach in interim orders. The Court decided that the petitioners were entitled to interim reliefs similar to those provided in a previous order passed in a related case, with a clarification that donations accepted should be limited to domestic contributions only.

2. The Court also examined the issue of the retrospective application of Section 12AB(4) of the Income Tax Act. The respondents argued that the provision allowed for the cancellation of registration, impacting previous years. The Court acknowledged the insertion of clause (c) in Section 12AB(4) by the Finance Act, 2022. Considering the jurisdictional question raised and the need for consistency in interim orders, the Court decided to grant interim reliefs to the petitioners in line with the previous order, specifying restrictions on accepted donations. The Court directed the respondents to file a reply within a week and allowed the petitioner to file a rejoinder affidavit subsequently. The matters were scheduled for further hearing on a specified date, along with related cases, for final decision.