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2021 (7) TMI 278 - AT - Income TaxMaintainability of appeal on low tax effect - Reopening of assessment u/s 147 - information received from the DGIT(Inv.), Mumbai - bogus purchases - Whether this appeal is filed because it is covered by exception mentioned in para 10 of the CBDT Circular No. 3/2018 dated 11.07.2018? - HELD THAT:- On a perusal of the assessment order, we find, that the A.O. had specifically stated that he had received information from the DGIT(Inv.), Mumbai. In the backdrop of the aforesaid facts, we are of the considered view that as the very genesis for reopening the case of the assessee and the making of impugned addition/disallowance was based on the information received from the DGIT(Inv.), Mumbai, and not on the basis of any information received from an external source in the nature of law enforcement agencies, viz. CBI/ED/DRI/SFIP/Directorate General GST Intelligence (DGGI), therefore, as stated by the ld. A.R., and rightly so, the exception carved out in Para 10(e) of the CBDT Circular No. 3/2018 (as amended on 20.08.2018) would not come into play. Accordingly, we are of the considered view that as the 'tax effect' involved in the present appeal filed by the revenue is lower than that contemplated in the CBDT circular No. 17/2019, therefore, the appeal of the revenue is not maintainable.
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