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2022 (4) TMI 1463 - AT - Income TaxRectification of mistake - Maintainability of appeal on low tax effect - validity of reopening of assessment - main appeal was dismissed by the Tribunal on the ground of low tax effect - Revenue has preferred a Miscellaneous Application before us stating that the case falls under the exception of in Para 10(e) of the said circular as much as the assessment in the instant case has been reopened on the basis of information received from external sources - HELD THAT:- AR vehemently objected that ultimately there is no evidence brought on record that information was forwarded by the Sales Tax Department and its DGIT (Investigation), who had merely verified the website of Sales Tax Department, Govt. of Maharashtra and gathered the information that assessee has made some purchases from a tainted dealer. This argument of the learned Authorised Representative is incorrect in view of the fact that even the sworn statement recorded by the Sales Tax Department has been forwarded to the Investigation Wing of Income–tax Department, which is forming part of the judicial record before us. The factual report given by the learned Assessing Officer has already been furnished to the learned Authorised Representative during the course of previous hearings. We are inclined to recall the order passed by this Tribunal by accepting the fact that there was a mistake that had occurred in the said order. We also hold that the present case clearly falls under the ambit of exception provided in Para 10(e) of the CBDT Circular. The Registry is directed to fix the main appeal for regular hearing on 29th June, 2022. Both parties informed in open court and no fresh notices to follow.
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