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2021 (2) TMI 211 - AT - Income TaxRectification of mistake - revenue seeks to recall the order passed by this Tribunal on the ground that this Tribunal had dismissed the appeal of the Revenue stating that the tax effect involved in the said appeal is less than the prescribed monetary limits of CBDT Circular, whereas the assessment in the instant case has been reopened on the basis of Revenue Audit Objection which had been accepted by the department and hence, the same would fall within the exception provided in para 2(c ) of the said Circular - HELD THAT:- On a conjoint reading of Circular No.5/2017 dated 23/01/2017 and Circular No.21/2015 and 08/2016 issued by CBDT, we find that if the case falls in any of the exceptions provided in the said Circulars, the said monetary limits prescribed for preferring the appeal would not be applicable. A plain reading of the aforesaid Circulars would result in such understanding only, which, in our considered opinion, is unambiguous. There is absolutely no need to interpret the veracity or eligibility of the Revenue to prefer appeal before this Tribunal at the time of Miscellaneous Application proceedings u/s. 254(2) of the Act where the scope of the tribunal is very limited We find that the ld. AR before us was only trying to question / challenge the very basis of Revenue preferring the appeal before us on the ground that re-assessment was framed in the name of non-existent entity and that the Revenue ought not to have preferred any appeal per se on merits before this Tribunal. This, in our considered opinion, is certainly not an issue in dispute before us in the Miscellaneous Application preferred by the Revenue. Hence, we are not inclined to entertain the argument of the ld. AR in the Miscellaneous Application proceeding. At the cost of repetition, we would like to state that the Revenue Audit Objection has been accepted by the department which had ultimately triggered initiation of re-assessment proceedings, is already on record and hence, certainly falls under the exception provided in the CBDT Circular prescribing the monetary limits for preferring appeals before the Tribunal by the Revenue. In view of this, we hold that the Miscellaneous Application of the Revenue deserves to be allowed and is hereby allowed. The order passed by this Tribunal in the case of this assessee is hereby recalled - Miscellaneous Application of the Revenue is allowed.
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