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| The Tax Publishers2020 TaxPub(DT) 2783 (Jp-Trib) INCOME TAX ACT, 1961
Section 254
Information received from Investigation Wing of Department does not fall in category of information received from external source being law enforcement agencies such as CBI etc. as provided in exception clause (e) of para 10 of the Circular No. 3/2018. Thus, appeal of revenue was dismissed for having lower tax effect.
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Appeal (Tribunal) - Maintainability - Information received from Investigation Wing of Department whether would fall in exception provided in Clause (e) in para 10 of the Circular No. 03/2018 -
Issue arose as to whether addition made by AO based on information received from Investigation Wing of the Department would fall in exception provided in Clause (e) in para 10 of the Circular No. 03/2018 or not. Held: As relying on AP Gems, Information received from Investigation Wing of Department does not fall in category of information received from external source being law enforcement agencies such as CBI/ED/DRI/SFIO/DGGI etc. as provided in exception clause (e) of para 10 of the Circular No. 3/2018. Accordingly, appeal of revenue was not maintainable, as monetary limit was not exceeding as prescribed in Circular No. 3/2018.
Followed:ITO v. A.P. Gems [ITA No. 627/JP/2019, dt. 13-3-2020] DCIT v. Gehlot Tractors Pvt. Ltd. [ITA No. 1165/JP/2019, ITA No. 1166/JP/2019, dt. 29-11-2019]
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2011-12
IN THE ITAT, JAIPUR BENCH
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