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2021 (7) TMI 1287 - HC - Income TaxMaintainability of appeal - low tax effect - review petitioners submits that this Court on the basis of Circular No.3/2018 dated 20.8.2018 and Circular dated 8.8.2019 opined that monetary limit was enhanced up to ₹ 1 Crore in respect of the High Court - review is prayed for in the teeth of Para 10(e) of the Circular dated 20.8.2018, which reads as where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ED/DRI/ SFIO / Directorate General of GST Intelligence (DGGI) - HELD THAT:- As observed by the assessing officer i.e. ACIT, Indore that the search and seizure operation was conducted by the Indore Tax Department and DG, Central Excise Intelligence, Indore which concluded that respondent is associated with Signet Group of Indore and was involved in organized activities of tax evasion, which led ultimately the addition made by the AO. Thus, Clause 10(e) aforesaid is attracted. On more than one occasion, the Bench put a question to Ms. Mandlik when this scrutiny report was prepared and whether any such material in this regard is produced to show that such report falls within the ambit of Para-10(e) but no response is received by the Bench. Despite repeated query, learned counsel for the petitioners has not chosen to answer as to how the aforesaid falls within the ambit of review jurisdiction. This is trite that the power of review is limited. Unless it is shown that there exists an error apparent on the record or any other ingredients which are in consonance with Order 47 Rule 1 CPC, interference in review jurisdiction cannot be made. Unfortunately no argument is advanced to bring the present matter within the ambit of principles analogous to Order 47 Rule 1 CPC. In absence thereof, the question of exercising the review jurisdiction does not arise. Review petitions fail and are hereby dismissed.
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