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Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD
Before: SHRI MAHAVIR PRASAD & SHRI WASEEM AHMED
आदेश/O R D E R
PER MAHAVIR PRASAD- JM: These two appeals filed by the Revenue for A.Ys. 2013-14 & 2014-15, arise from order of the CIT(A)-1, Ahmedabad dated 29.06.2016 & 21.09.2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.
The ground of appeal
raised by the Revenue reads as under:- “1. On the fact and in the circumstances of the case and in law, the CIT(A) ought to have upheld the order of the & 2742/AHD/2017 A.Ys. 2013-14 & 2014-15 Assessing Officer to the extent mentioned above since the assessee has failed to disclose his true income/book profit.
2. The appellant prays that the order of CIT(A) on the above grounds be set aside and that of the Assessing Officer be restored to the above extent. The appellant craves, to leave, to amend or alter any ground or add a new ground which may be necessary.” :- “1. That the ld.CIT(A) has erred in law and on facts in restricting the disallowance u/s. 14Aofo the Act of Rs. 1m49,43,770/- to Rs. 57,86,485/-.
2. That the ld. CIT(A) has erred in holding that addition of Rs. 1,49,43,770/- is not to be made while computing the Book Profit u/s. 115JB of the Act.
3. The appellant craves, to leave, to amend and/or to alter any ground or add a new ground which may be necessary.”
At the time of hearing, it was submitted by the Ld.AR for the assessee that appeal filed by the Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising the previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.50 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of the Revenue is required to be dismissed in limine.
The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 17 of 2019. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on & 2742/AHD/2017 A.Ys. 2013-14 & 2014-15 showing inapplicability of the aforesaid CBDT Circular in any manner.
In the result, the appeal of the 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 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4.आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध,आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,
उप/सहायक पंजीकार आयकर अपील�य अ�धकरण,अहमदाबाद । 1.Date of dictation on 23.08.2019 (Low Tax Effect Format) 2.Date on which the typed draft is placed before the Dictating Member 23.08.2019 3.Date on which the approved draft comes to the Sr.P.S./P.S. 11.09.2019 4.Date on which the fair order is placed before the Dictating Member for Pronouncement 23.08.2019 5.Date on which the fair order comes back to the Sr.P.S./P.S 11.09.2019 6.Date on which the file goes to the Bench Clerk 11.09.2019 7.Date on which the file goes to the Head Clerk…………. 8.The date on which the file goes to the Asstt. Registrar for signature on the order…………………… 9.Date of Despatch of the Order………