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TMI Blog2010 (1) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... aintainable as it was an arguable point. In all probability, the Revenue should have questioned the order dated 14.5.2003 which it had failed and it had questioned the order passed in Miscellaneous Application which was dismissed on the ground that the issue was an arguable one and not on merits. With reference to the subsequent instruction, whether it could be made applicable to the appeal, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ELIVERED BY D.MURUGESAN,J.) The Tax Case appeal at the instance of the Revenue, was admitted on the following substantial questions of law: " 1. Whether on the facts and in the circumstances of the case the Income-Tax Appellate Tribunal was right in law, in dismissing the department's appeal on the reasoning that the tax effect is below Rs.1 lakh, even though the circular dated 27.3.2000 spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals), which was ultimately, partly allowed directing the assessee to get total reduction of Rs.2,12,984/-. That order was carried on appeal by the Revenue before the Income Tax Appellate Tribunal, Chennai, in I.T.A.No.1969/Mds/1995. That appeal was filed on 28.3.1995. It was dismissed on the ground that the tax effect involved in regard to the claimant was less than Rs.1,00,000/-. The Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rguable one. 3. This order passed in Miscellaneous Application is questioned in this appeal. 4. We have heard Mr.J.Naresh Kumar, learned counsel appearing for the appellant and Mr.B.Ravindran, learned counsel for the respondent. According to learned counsel for the Revenue/ appellant, application of subsequent circular dated 23.7.2000 to dismiss the appeal which was filed in accordance wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... guable one and not on merits. With reference to the subsequent instruction, whether it could be made applicable to the appeal, we may mention that an appeal is filed and the same is pending. Even substantial questions of law raised in this appeal relate to the order in the Miscellaneous Application in respect of the finding of the Tribunal wherein it has been found that the issue was arguable on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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