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TMI Blog2024 (12) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961 (in short 'the Act') has crept in the order of Tribunal, dated 20.08.2019, vide assessee`s appeal in IT(SS)A Nos. 10 & 11/Rjt/2019, for same assessment year, 2017-18. 2. Since the subject matter and contents of both the Miscellaneous Applications are identical and similar, therefore, we have clubbed these two Miscellaneous Applications and heard together and a consolidated order is being passed for the sake of convenience and brevity. The facts, as well as, issue raised in Miscellaneous Application No.36/Rjt/2020 for assessment year (AY) 2017-18 have been taken into consideration for deciding these two Miscellaneous Applications en masse. 3. The Ld.Sr-DR for the Revenue argued that the case of the Revenue in these two Miscellane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, recently the CBDT has issued latest Circular No.5/2024 [F.No.279/MISC.142/2007-ITJ(PT.)] dated 15.03.2024, where in the scope of information received from various agencies have been expanded and state police department, has been included. The latest Circular No.5/2024 [F.No.279/MISC.142/2007-ITJ(PT.)] dated 15.03.2024, is applicable to the assessee, retrospectively. 5. The Ld. Sr-DR for the Revenue further pointed out that even earlier Circular No.3/2018, dated 11.07.2018, the CBDT has modified the said Circular by stating that in certain circumstances, the matter should be heard on merit, even if, the addition made by the assessing officer, is less than the prescribed monetary limit, specified in the Circular No.3/2018 dated 11.07.2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15.03.2024, issued by Central Board of Direct Taxes (in short, 'CBDT'), the scope of exceptions have been enlarged, which is applicable to the assessee's case under consideration with retrospective effect. 'At this juncture, it would be pertinent to refer the relevant para No.-10 of the Circular No.5/2024, dated 15.03.2024, issued by CBDT, which reads as fellows: "10. This issues under section 268A of the Act and shall come into effect from the date of issue of this Circular. This Circular will apply to SLPs/appeals to be fled henceforth before the SC/HCs/Tribunals." Therefore, it is vivid from the above para of the Circular of CDBT, which has clearly stated that the provisions of said Circular No. 5/2024 dated 15.03.2024 is applicable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issues should be contested on merits notwithstanding that the tax entailed is less than the monetary limits specified in para 3 above or there is no tax effect: (a) Where the Constitutional validity of the provisions of an Act or Rule is under challenge, or (b) Where Board's order, Notification, Instrucin or Circular has been held to be illegal or ultra vires, or (c) Where Revenue Audit objection in the case has been accepted by the Department, or (d) Where addition relates to undisclosed foreign income/undisclosed foreign assets (including financial assets)/undisclosed foreign bank account. (e) Where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ED/DRI/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.3/2018(supra), state police department, is not mentioned, by CBDT, therefore, the said modified circular does not apply to the assessee's case under consideration. In our humble opinion, the claim of the Revenve, to recall the order of the Tribunal, and to hear on merit, is misconceived. Hence, based on these facts and position in law, we note that miscellaneous application filed by the Revenue deserve to be dismissed. Accordingly, we dismiss the miscellaneous application filed by the Revenue. 9. Since we have adjudicated the issue, by taking the lead case in MA No.36/Rjt/2020, filed by the revenue, and the issue and facts mentioned in MA No.37/Rjt/2020, is also similar and identical. Accordingly, our observations mentioned in MA No.36 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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