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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 ..... specified in the modified Circular - HELD THAT:- We do not agree with learned DR for the revenue, because, in the assessee s case under consideration, the addition was made by the assessing officer, based on the information received from the state police department and not on the basis of enforcement agencies such as CBI/ED/DRI/SFIO/Directorate General of GST Intelligences (DGGI), which is mentioned in the modified said Circular No. No.3/2018(supra). Hence, even modified Circular No. No.3/2018 (modified on 20.08.2018,) is not applicable, to the assessee s case under consideration. The various agencies defined in the circular, such as, CBI/ED/DRI/SFIO/Directorate General of GST Intelligences (DGGI), are exhaustive in nature. Exhaustive mean ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iscellaneous 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 Miscellaneous Application are that an action u/s 132A of the Income tax Act, 1961 was taken place in the case of assessee on 29.11.2016. The return of income was filed by the assessee on 11/12/2017, declaring total income of Rs. 6,19,810/-. The assessment u/s 143(3) r.w.s. 153A of the I.T. Act was finalized on 24/12/2018, determinin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. The learned DR for the revenue, therefore, argued that both these appeals of the assessee, which contain the similar and identical issues, should be recalled and must be heard on merit, and hence, these two miscellaneous applications of the revenue may be allowed. 6. On the other hand, Shri Fenil H. Mehta, Ld. Counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 perspective not retrospective, hence, Circular No. 5/2024 dated 15.03.2024 (supra) does not apply in the assessee`s case under consideration, hence, we do not agree with the arguments advanced by learned DR for the revenue. We note that CBDT, (authority of issuing the said circular), has expressly declared the Circular No. 5/2024 dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal 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/SFIO/Directorate General of GST Intelligence (DGGI). (f). Cases where prosecution has been filed by the Department and is pending in the Court.] The Ld. Sr-DR for the Revenue pointed out that above modified Circular No.3/2018 dated 11.07.2018 (supra), stated that in certain circumstances, the matter should be heard on merit, even if addition made by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us 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/Rjt/2020, shall apply mutatis mutandis to the aforesaid other MA No.37/Rjt/2020 also. For the parity of reasons, we dismiss the abovementioned MA No.37/Rjt/2020 of Revenue, in terms of directions noted in MA No.36/Rjt/2020. 10. In the result, both Miscellaneous Applications (MA No.36/Rjt/2020 and MA No.37/Rjt/2020) of the Revenue are dismissed. A copy of the insta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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