2021 (8) TMI 895

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....DER This is an appeal by the revenue against order dated 03.07.2019 of learned Commissioner of Income Tax (Appeals)-12, Mumbai for the assessment year 2010-11. 2. At the outset, learned Authorized Representative of the assessee submitted that the appeal is not maintainable due to low tax effect. In support, he relied upon the following decisions:- i) ITO Vs Late Shri Amarchand P. Sh....

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....e aforesaid exception has to be decided on merits. 4. I have heard the appeal on the preliminary and limited issue of maintainability due to low tax effect as per the Circular No. 17/2019 dated 08.08.2019. As far as the quantum of dispute for computing tax effect is concerned, undisputedly, the total addition made by assessing officer (AO) in the assessment order is to the tune of Rs. 9,45,000/....

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.... specific ground in the grounds of appeal regarding maintainability of the appeal, however, learned Departmental Representative has drew my attention to ground no. 5 of the grounds contained in the authorization memo. 5. Be that as it may, paragraph 10 (e) of the Circular noted above reads as under:- "10. Adverse judgments relating to the following issues should be contested on merits ....

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....ement agencies like CBI/ED/DRI etc. Whereas, in the assessment order, the AO has very clearly and categorically stated that he has reopened the assessment based on information received from the office of DGIT (Inv.), Mumbai. On a careful reading of assessment order, I have not found any reference to information received from any of the external sources as mentioned in paragraph 10(e) of circular d....