Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 885 - AT - Income TaxRectification of mistake u/s 254 - monetary limit - maintainability of appeal - Addition u/s 69B - additions of different amounts at the hands of the assessee u/s on protective basis - additions were made on the basis of material found during the search and seizure operation conducted in Ms. Chandbibi Zaidi, wherein, bank account in the name of the assessee and Ms. Chandbibi Zidi indicating deposit - HELD THAT:- The facts involved in all the appeals being identical, the Tribunal while disposing off the present appeals not only took note of the factual aspect of the issue but also found that the order passed by the Tribunal for the assessment year 2007-08 squarely applies to the facts of the present appeal. Tribunal upheld Commissioner (Appeals) on the issue. That being the case, the contention of the Department that the appeal order passed by the Tribunal suffers from mistake apparent on the face of record, as envisaged under section 254(2) is without any basis. On the contrary, it is very much clear from the present misc. applications that the Department in the guise of rectification is actually seeking a review of the order which is not permissible in law. AR had submitted that the tax effect on the disputed additions is less than the monetary limit of ₹ 20 lakh as per CBDT Circular no.3/ 2018, dated 11th July 2018. Therefore, the present appeals of the Revenue would otherwise not be maintainable. We find substantial force in the aforesaid submissions of the learned AR. Since the tax effect on the disputed additions is much below the monetary limit of ₹ 20 lakh, the present appeals would be covered by the CBDT Circular referred to above, hence, would not maintainable. Therefore, it would have been a fruitless exercise to recall the appeal order. In view of the aforesaid, we dismiss the applications filed by the Revenue - Misc. applications are dismissed.
|