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2019 (11) TMI 1413
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....ls :- ITA No. 1165/JP/2019 : 1. Whether on the facts and circumstances of the case and in law the ld. CIT (A) was justified in deleting the addition of Rs. 13,65,000/- on accounts of unexplained cash credits (accommodation entries in the shape of share capital) ? 2. Whether on the facts and circumstances of the case and in law, the ld. CIT (A) was justified in deleting the additions made on the basis of corroborative information received from Investigating Wing, Mumbai which is a law enforcement agency under the Ministry of Finance and accordingly the case falls under exception clause 10(e) of circular 03 of 2018 dated 20.08.2018 ? ITA No. 1166/JP/2019 : 1. Whether on the facts and circumst....
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....ived by the assessee. He has also relied upon the CBDT Circular dated 20th August, 2018 whereby amendment to para 10 of the Circular No. 3 of 2018 is provided. The ld. A/R has submitted that as per the amended para 10 of the Circular No. 3 of 2018 the exception under clause (e) is provided only in respect of the addition based on information received from external sources in the nature of law enforcement agencies such as CBI/ED/DRI/SFIO/DG of GST Intelligence. Therefore, when the addition made in the case of assessees is not based on the information received from these external agencies specified in the amended para 10 of the Circular No. 3 of 2018, then these cases do not fall in the exception. 4. We have considered the rival submission....
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....al of GST Intelligence (DGGI). (f) Cases where prosecution has been filed by the Department and is pending in the Court." The relevant clause of para 10 is clause (e) which carves out the exception where the addition is based on the information received from external source as specified in the said clause. There is no dispute that the case of the assessees does not fall in the category of addition based on such information received from external source as provided under clause (e) of the amended para 10 of the Circular No. 3 of 2018. Further, the ld. D/R has relied upon the Circular No. 23 of 2019 which further provides some exception to the monetary limits as per para 2 and 3 as under :- " 2. Several references h....