- (1.) This appeal pertains to the assessment year 1991 -92 and the tax effect is Rs. 8,84,860. As per Instruction No. 2 of 2005, dated October 24, 2005 of the Central Board of Direct Taxes, no appeals were to be filed where the tax effect was less than Rs. 10 lakhs. A.K. Sanghi, learned Senior Counsel appearing for the Department, however, submits that the reason for filing the appeal presumably was that the issue involved had the recurring effect.
(2.) On the other hand, we are informed by the Learned Counsel of the Respondent that except the present appeal, which pertains to the assessment year 1991 -92, an order of the Tribunal giving the same treatment has been accepted by the Department and no appeals were filed even in the High Court. Keeping in view the aforesaid statement of the Learned Counsel for the Respondent, we dismiss the appeal on the ground of low tax effect only, leaving the question of law open.;