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2009 (4) TMI 222 - HC - Income Tax“Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the receipts from the sale of old silver oak trees which were shade trees in the assessee’s coffee estate and which have outlived their normal life and which were posing a threat to the existing coffee plants, as agricultural income and not assessable under the head ‘Capital gains’?” – since tax effect involved in this case is less than Rs. 2 lakhs which is the monetary limit for preferring appeal by the Revenue, prescribed by the Central Board of Direct Taxes Circular F. No. 279/126/98-IT dated March 27 2000., appeal file by department is dismissed - It is not the case of the Revenue that the issue involved in these appeals before the Tribunal fall within any one of the exceptions provided in the circular - circular issued by the Central Board of Direct Taxes is much binding on the Revenue and that requires no support of judicial precedent.- so appeals are dismissed
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