COMMISSIONER OF INCOME TAX Vs. BASANTILAL MUNDRA

JUDGEMENT

(1.) THIS appeal is filed by the revenue against the judgment dated 4 -11 -2004 upholding the order of the learned Commissioner (Appeals).

(2.) THE appeal was admitted on 10 -5 -2006 by framing the following substantial question of law:

(3.) BY relying on the aforesaid two judgments in Rajasthan Patrika Ltd.'s case (supra) and Hero Cycles (P) Ltd.'s case (supra), it is sought to be contended that the circulars are mere administrative instructions, and where in spite of these administrative instructions, if the department prefers to file an appeal, or make a reference to the High Court, the appeal or the reference should not be dismissed, while according to learned Counsel, learned Tribunal has dismissed the appeal substantially on that count, though purportedly has written one sentence about having examined the issue on merits also. Then it is contended that the impugned order is liable to be set aside.