Income Tax Appellate Tribunal - Mumbai
Ito Ward 6(3)(2), Mumbai vs M/S Jay Road Pvt. Ltd. , Mumbai on 26 March, 2021
IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH, MUMBAI BEFORE: HON'BLE JUSTICE P.P. BHATT, PRESIDENT & SHRI M.BALAGANESH, AM M.A. No.113/Mum/2020 (Arising out of ITA No.1418/Mum/2019 (Assessment Year :2009-10) ITO-WARD 6(3)(2) Vs. M/s. Jay Road Pvt. Ltd., Aayakar Bhavan 201, Oriental House th R.No.503, 5 Floor 229/231, Samuel Street M.K.Road, New Marine Lines Masjid Bunder Mumbai-400 020 Mumbai - 400 003 PAN/GIR No. (Appellant) .. (Respondent) Revenue by Shri Vijaykumar Menon Assessee by None Date of Hearing 26/03/2021 Date of Pronouncement 26/03/2021 आदे श / O R D E R PER M. BALAGANESH (A.M):
By virtue of this Miscellaneous Application, the Revenue seeks to recall the order passed by this Tribunal for A.Y. 2009-10 on 21/08/2019 wherein this Tribunal had dismissed the appeal of the Revenue by following the Circular issued by the CBDT vide Circular No.17/2019 dated 08/08/2019 on the ground that the tax effect involved on the disputed issues was less than the prescribed monetary limits as per the aforesaid Circular.
2. We find that the Revenue in its Miscellaneous Application had submitted that additions in the assessment were made based on the 2 MA No.113/Mum/2020 M/s. Jay Road Pvt. Ltd., information received from Investigation Wing of the Income Tax department and that the same falls under the exception provided in para 10(e) of the CBDT Circular and hence, the appeal of the Revenue cannot be dismissed on the ground that the tax effect is less than the prescribed monetary limits. We find that on perusal of the para 10(e) of the CBDT Circular No.3/2018 dated 11/07/2018 and Circular No.17/2019 dated 08/08/2019 that the said para 10(e) only speaks about information received from external agencies such as Sales Tax department, Serious Fraud Investigation office, SEBI etc., Admittedly, the information received from Investigation Wing of Income Tax department would fall only within the ambit of internal source of information. Hence, in our considered opinion, the said internal information received from Investigation Wing of Income Tax department would not fall within the exception clause provided in para 10(e) of the CBDT Circular. Hence, we hold that the order passed by this Tribunal does not warrant any rectification u/s.254(2) of the Act. Accordingly, the Miscellaneous Application preferred by the Revenue is dismissed.
3. In the result, the Miscellaneous Application preferred by the Revenue is dismissed.
Order pronounced on 26/03/2021 by way of proper mentioning in the notice board.
Sd/- Sd/-
(JUSTICE P.P. BHATT) (M.BALAGANESH)
PRESIDENT ACCOUNTANT MEMBER
Mumbai; Dated 26/03/2021
KARUNA, sr.ps
3
MA No.113/Mum/2020
M/s. Jay Road Pvt. Ltd.,
Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A), Mumbai.
4. CIT
5. DR, ITAT, Mumbai
6. Guard file.
//True Copy//
BY ORDER,
(Asstt. Registrar)
ITAT, Mumbai