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2019 (10) TMI 1535 - SUPREME COURTMaintainability of appeal on low tax effect - issue before the High Court was whether the Instruction Order No. 5/2008 dated 15.05.2008 could be availed by the appellant(s), providing for disposal of the appeal(s) filed by the respondent involving low tax effect? - HELD THAT:- Similar question came up for consideration before this Court in Director of Income Tax, Circle 26(1), New Delhi vs. S.R.M.B. Dairy Farming (P) Ltd., [2017 (11) TMI 1494 - SUPREME COURT] This Court after considering the decisions of different High Courts, including the Supreme Court decision on the question involved, namely, Commissioner of Income Tax Vs. Surya Herbal Ltd. [2011 (8) TMI 137 - SC ORDER] answered the question in favour of assessee The same interpretation must apply to the instructions under consideration. In the present case, there is no possibility of cascading effect nor the issue is involved in group of matters, as such. Therefore, the appeals are allowed. As a result, the impugned judgment is set aside and the appeals filed by the respondent before the High Court be treated as dismissed in terms of this order because of low tax effect, leaving questions of law open.
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