COMMISSIONER OF INCOME TAX Vs. JUGAL KISHORE MAHANTA

JUDGEMENT

(1.) This is an appeal preferred under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act") against the order dated September 5, 2007, passed in I.T.A. No. 40 (Gau) of 2005, by the learned Income-tax Appellate Tribunal, Guwahati Bench, for the assessment year 2001-02. By the order, which stands impugned in the present appeal, the appeal of the assessee-respondent has been allowed. While admitting the appeal, the substantial question of law framed was as under:

(2.) Before, however, the appeal could be heard on the merits, the maintainability of the present appeal has been put to challenge, at the very threshold, by the assessee-respondent deriving strength from Instruction No. 5 of 2008, dated May 15, 2008, issued by the Central Board of Direct Taxes (in short, "the CBDT").

(3.) We have heard Mr. G.K. Joshi, learned senior counsel for the appellant, and Mr. R. Goenka, learned counsel, for the respondent.