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TMI Blog2020 (2) TMI 1546X X X X Extracts X X X X X X X X Extracts X X X X ..... e for Assessment Year [in short referred to as 'AY'] 2007-08 contest the order of Ld. Commissioner of IncomeTax (Appeals)-21, Mumbai, [in short referred to as 'CIT(A)'], Appeal No. CIT(A)-21/ITO-13(1)(1)/IT-187/2015-16 dated 20/03/2017. The revenue is aggrieved by deletion of addition of Rs. 73.50 Lacs as made by Ld. AO in an assessment framed u/s 143(3) r.w.s. 147 on 27/03/2015. 2. This a recall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of this very bench in ITO V/s M/s Nishdish Infrastructure P.Ltd. (ITA No. 6003/Mum/2017 dated 28/11/2019) rendered on similar factual matrix. The Ld. AR submitted that Directorate of Income Tax (investigation) is a law enforcement agency under the control of Ministry of Finance and would thus constitute internal agency / wing of Income Tax Department which works under the aegis of its controllin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Shri Praveen Jain group of cases and therefore, factual matrix was covered by exception provided in CBDT Circular No. 23 of 2019 dated 06/09/2019 read with office memorandum dated 16/09/2019. 5. Upon perusal of case records, prima facie, it emerges that the tax effect being contested by the revenue is less than prescribed limit of Rs. 50 Lacs and the same is covered by recently issued low tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could not be considered as 'external source' as is referred to in para 10(e) of CBDT circular dated 20/08/2018. No contrary decision is on record. 6. So far as the exceptions as provided in subsequent CBDT Circular No. 23 of 2019 dated 06/09/2019 read with office memorandum dated 16/09/2019 is concerned, upon perusal of the same, we find that the same applies only to cases involving bogus long te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue's appeal. 8. At the same time, a liberty is given to revenue to seek recall of the appeal, if at a later stage, it is found that the matter is covered by any exceptions provided in any of the circular or in case the tax effect as agitated by revenue exceeds the prescribed monetary limit. 9. In the result, the appeal stands dismissed. Order pronounced in the open court on 05th February, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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