COMMISSIONER OF INCOME-TAX Vs. SHRI V SIVAKUMAR

JUDGEMENT

(1.) THESE appeals are filed by the Revenue under Section 260-A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') against the common order of Income-tax Appellate Tribunal in ITA.Nos.36,40 & 41 (Mds)/2004 dated 13.5.2004, raising the following substantial questions of law:

(2.) WHETHER on facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in dismissing the appeal filed by the Revenue without going into the merits of the case on the ground that the tax effect was less than the monetary limit of Rs.1,00,000/- prescribed by the Central Board of Direct Taxes in the Instruction No.1979 dated 27.3.2000 for filing appeals before the Income-tax Appellate Tribunal without considering the intent and purpose of the subsequent Instruction No.1985 dated 29.6.2000 and without considering the judicial pronouncements of various High Courts including that of the jurisdictional High Court wherein it has been held that the Board's instructions regarding monetary limits do not operate as an embargo on considering the appeals on merits?