TMI Blog2021 (9) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal order to recall the order giving leeway or liberty to the Revenue to approach this Tribunal for recalling of the order. Tribunal order was passed in SMT. MANJULABEN B PATEL, [ 2019 (8) TMI 1753 - ITAT MUMBAI] and the CBDT Circular No.23/19 was issued on 06/09/2019. Hence, on the date of passing the Tribunal order, the CBDT Circular / instruction relied upon was not in existence at all. In this view of the matter, we see no mistake on record in the order passed by this Tribunal. Accordingly, the Miscellaneous Application of the Revenue deserves to be rejected as devoid of legally sustainable merits. - MA No.244/Mum/2020 (Arising out of ITA No.2945/Mum/2018 ) - - - Dated:- 3-9-2021 - SHRI M.BALAGANESH, ACCOUNTANT MEMBER And ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oto dated 21.08.2019. The captioned appeal in ITA No.2146/Mum/2019 (as per Annexure) preferred by Revenue, has listed by the Registry before the Bench on the grot,. they do not survive for consideration in view of the CBDT Circular No. 17/2019 dated 8th August, 2019. Further, as per para 5 of the Hon ble ITAT order. Before parting, we clarify that if on a later date, the Revenue finds that the tax effect in dispute in any of the captioned appeals is more than limit prescribed in the Circular dated 08.08.2019 (supra), or it is protected by any of the exceptions provided in para 10 of the CBDT circular 11.07.2018 (supra), it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d SLP/Appeals before the Supreme Court on Merits as an exception to the circular issued u/s 268A specifying Monetary limits. Though the above circular was in respect of LTCG and short term capital Loss generated through Penny stock, the issue of organized tax evasion scam through accommodation entries is involved this case. ITAT has dismissed the appeal purely on low tax effect without the issue on merit, Hence it is suggested that Miscellaneous may be filed in Hon'ble ITAT for reinstitution of appeal on the ground that an issue of organized tax evasion scam through accommodation entries is involved in this case and it is an exception to the circular issued u/s 268A specifying Monetary limits. 2. We have heard rival submissi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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