9911796707
TMI Blog2020 (2) TMI 1546X X X X Extracts X X X X X X X X Extracts X X X X ..... uded that the only information available with the AO was the information received from DGIT (Inv.). In case of ITO vs. Late Amarchand P. Shah [ 2019 (8) TMI 1402 - ITAT MUMBAI] the Tribunal has held that DGIT (Inv.) since works under the CBDT, could not be called an external source. The aforesaid decision has been followed in a number of decisions of the Tribunal as cited by the learned Authorized Representative. As per the ratio laid down in the decisions referred to above, information received from DGIT (Inv.) is not of the nature as referred to in paragraph 10(e) of CBDT Circular dated 20.08.2018. That being the case, the present appeal of the department will not be protected under the exception provided therein. Since, aforesa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e outset, submitted that the tax effect of quantum additions being contested by revenue is less than monetary limit of ₹ 50 Lacs as prescribed by Central Board of Direct Taxes in its recently issued Circular No.17/2019 dated 08/08/2019 [F.No.279/Misc.142/2007-TTJ(Pt.) Government of India, Ministry of Finance, Department of Revenue] and therefore, the appeal is not maintainable. Reliance has been placed on the decision 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 / ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as amended on 20/08/2018. Undisputedly, the factual matrix is not covered by any of the exceptions as provided in para-10 of Circular no. 3 of 2018 dated 11/07/2018. The co-ordinate bench of this Tribunal in ITO V/s Late Shri Amarchand P.Shah (ITA No.818-820/Mum/2017 dated 08/07/2019) has already held 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 controlling authority CBDT and therefore, the same 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 exce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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