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Income Tax Appellate Tribunal, “H” Bench, Mumbai
O R D E R Per Shamim Yahya (AM) :-
This appeal by the revenue is directed against order of learned CIT-A dated 19.11.2019 and pertains to assessment year 2011-12.
The grounds of appeal read as under :-
1. "On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the disallowance made on account of share application money amounting to Rs. 10,00,000/ - received from the bogus parties? 2. "On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in allowing relief to the assessee, and the case of the assessee, falls under exception clause as per CBDT Circular No. 03/2018 dated 11.07.2018 & CBDT Circular No. 17/2019 [further amended by CBDT letter bearing F. No. 279/Misc.l42/2007-ITJ (FT) dated 20.08.2018. " 3. At the outset Ld counsel of the assessee submitted that the tax effect in this case is below the limit of Rs. 50,00,000/- fixed by CBDT vide Circular No. 17/2019 dated 8/8/2019 for filing appeal before the ITAT. Hence learned counsel submitted that this appeal by the revenue is not maintainable.
2 M/s. Heighten Trading Company
Per contra learned Departmental Representative submitted that the appeal falls in the exceptions carved in said circular qua information received from outside agency.
Upon careful consideration we find that the tax effect is below the limit fixed by CBDT for filing appeals before the ITAT. The plea of the case relating to information received from outside agency is not sustainable as information is received by AO from investigation wing of Income Tax Department itself which cannot be said to be an outside agency. Hence this appeal by the revenue is liable to be dismissed in limine. Accordingly the appeal stands dismissed as such.
Pronounced in the open court on 23.7.2021.