IN INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER I.T.A. Nos. 2234/Ahd/2016 & 2742/Ahd/2017 (Assessment Years 2013-14 & 2014-15) DCIT Adani Properties Pvt. Circle- 1(1), Vs. Ltd. Ahmedabad 8th Floor, Shikhar, Nr. Mithakali Circle Navrangpura Ahmedabad- 380009 PAN/GIR No.: AABCA3182H (Appellant) (Respondent) Appellant by Shri L. P. Jain, Sr. DR Respondent by Shri Biran Shah, AR Date of Hearing 23/08/2019 Date of Pronouncement 11/09/2019 ORDER PER MAHAVIR PRASAD- JM These two appeals filed by Revenue for A.Ys. 2013-14 & 2014-15, arise from order of CIT(A)-1, Ahmedabad dated 29.06.2016 & 21.09.2017, in proceedings under section 143(3) of Income Tax Act, 1961 in short Act . 2. ground of appeal raised by Revenue reads as under:- ITA No. 2234/Ahd/2016:- 1. On fact and in circumstances of case and in law, CIT(A) ought to have upheld order of ITA Nos. 2234/AHD/2016 & 2742/AHD/2017 A.Ys. 2013-14 & 2014-15 Assessing Officer to extent mentioned above since assessee has failed to disclose his true income/book profit. 2. appellant prays that order of CIT(A) on above grounds be set aside and that of Assessing Officer be restored to above extent. appellant craves, to leave, to amend or alter any ground or add new ground which may be necessary. ITA No. 2742/Ahd/2017:- 1. That ld.CIT(A) has erred in law and on facts in restricting disallowance u/s. 14Aofo Act of Rs. 1m49,43,770/- to Rs. 57,86,485/-. 2. That ld. CIT(A) has erred in holding that addition of Rs. 1,49,43,770/- is not to be made while computing Book Profit u/s. 115JB of Act. 3. appellant craves, to leave, to amend and/or to alter any ground or add new ground which may be necessary. 3. At time of hearing, it was submitted by Ld.AR for assessee that appeal filed by Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as measure for reducing litigation where tax effect does not exceed prescribed monetary limit which is now revised at Rs.50 Lakhs. In instant case, tax effect on disputed issues raised by Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of Revenue is required to be dismissed in limine. 4. Learned DR for Revenue fairly admitted applicability of CBDT Circular No. 17 of 2019. Accordingly, appeal of Revenue is dismissed as not maintainable. However, it will be open to Revenue to seek restoration of its appeal on 2 ITA Nos. 2234/AHD/2016 & 2742/AHD/2017 A.Ys. 2013-14 & 2014-15 showing inapplicability of aforesaid CBDT Circular in any manner. 5. In result, appeal of Revenue is dismissed. This Order pronounced in Open Court on 11/09/2019 Sd/- Sd/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 11/09/2019 TANMAY TRUE COPY / Copy of Order Forwarded to 1. Revenue 2. Assessee 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order DCIT, Circle-1(1), Ahmedabad v. Adani Properties Pvt. Ltd