9911796707
TMI Blog2025 (2) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... e date of issue of this letter. Thus, no retrospective effect is given to the two added exceptions by letter dated 20 August 2018. Paragraph 13 of the CBDT circular dated 11 July 2018 remains unamended. This means that, insofar as the increased monetary limits are concerned, they would apply even to the pending appeals. However, when it comes to applying the exceptions, the same would apply from 20 August 2018 and not earlier. A similar issue arose before the co-ordinate bench in the case of V. M. Salgaonkar and Brothers (P.) Ltd. [2024 (12) TMI 717 - BOMBAY HIGH COURT] On analysing circulars 5 of 2024 and 9 of 2024, the coordinate bench held that the monetary limits would apply to the pending appeals, but when it comes to the exceptions s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onjoint reading of the circular dated 11 July 2018 and letter dated 20 August 2018, it is clear that the appeals involving the issue of addition based on the information received from external sources like law enforcement agencies such as CBI/ED/DRI/SFIO/ Directorate General of GST Intelligence (DGGI) can be filed and even context on merits notwithstanding the tax effect being below the monetary limit of Rs. 50,00,000/-. 5. Mr Sharma contended that if any other view is taken, then the appeals filed within the prescribed period of limitation would be at a disadvantage compared to appeals filed after seeking condonation of delay. He submitted that a holistic construction of CBDT circulars is in order and based upon the same, the objections r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specified tax limits in para 3 above may be withdrawn/not pressed." 11. Thus, as of 11 July 2018, the Revenue should have either withdrawn or not pressed these appeals. This is because the CBDT circulars bind the department. On 20 August 2018, the CBDT modified paragraph 10 of the circular dated 11 July 2018. To the four exceptions in paragraph 10, two more were added, including the following:- "(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)." 12. Learned counsel for the Revenue submitted that all four appeals fall within the above-added exception in paragraph 10(e). 13. The letter dated 20 Augu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
