2021 (9) TMI 355

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e  for the respondent ORDER 1. By this miscellaneous application, the applicant revenue seeks to recall our order passed in ITA No. 1271/Mum/2019, dated 21.08.2019, wherein the revenue's appeal was summarily dismissed on account of low tax effect. It is the claim of the revenue that though the 'tax effect' involved in the appeal in question was admittedly below the threshold....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... exception carved out in Para 10 of the CBDT Circular No. 3/2018, dated 11.07.2018 the appeal was maintainable, and had wrongly been summarily dismissed on the ground of low tax effect therein involved. 4. We have heard the ld. Departmental Representative, and find, that while disposing off the captioned appeal vide an order dated 21.08.2019 liberty was granted to the revenue to seek recalling ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as under: "10. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect:- (a) to (d)................................................................................................ (e) Where addition is based on informa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....information received from external sources. As noticed by us hereinabove, since the levy of penalty by no means could be construed as an addition within the meaning of Para 10(e) of the aforesaid circular, therefore, we do not find any merit in the claim raised by the revenue that the aforementioned exception carved out in the CBDT Circular No. 3/2018 (supra) would also take within its sweep penal....