JUDGMENT :

J.B. Pardiwala, J.

1. The present Tax Appeal at the instance of the Revenue was filed with an application seeking condonation of delay of 17 days. We have passed an order today itself condoning the delay of 17 days. Ordinarily, we would have asked the Registry to notify the main matter i.e. the present Tax Appeal for admission after its due registration. However, as the question of law as proposed by the Revenue is no longer res integra, we decided to take up the main appeal also for hearing today itself.

2. This Appeal is at the instance of the Revenue and is directed against the order dated 14.08.2019 passed by the Income Tax Appellate Tribunal, 'A' Bench, Ahmedabad in the IT(SS) A No. 194/AHD/2019 for the A.Y. 2013-14. The Revenue has proposed the following question of law for the consideration of this Court:

"Whether the Appellate Tribunal is justified in law and on facts in disposing the appeal of the revenue on account of low tax effect without deciding the appeal on merits even when the issue under appeal was claim of bogus LTCG on penny stock for which no monetary limits were applicable?"

3. We have heard Mr. M.R. Bhatt, the learned Senior Counsel appearing for the R