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Bombay High CourtITXA/1/2024disposed off

Commissioner Of Income Tax v. Growmore Leasing And Investment Ltd

2025-10-01Hon'Ble Justice Advait M. Sethna , Hon'Ble Shri Justice M.S. Sonak2 pages

9-ITXA-01-24.DOCX Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 01 OF 20 24 WITH INCOME TAX APPEAL NO. 320 OF 20 24 SAYALI DEEPAK UPASANI WITH INCOME TAX APPEAL NO. 97 OF 20 24 by SAYALI DEEPAK UPASANI Date: 2025.10.03 11:21:16 +0530 WITH INCOME TAX APPEAL NO. 300 OF 20 24 WITH INCOME TAX APPEAL NO. 702 OF 20 24 Commissioner of Income Tax ...Appellant

Versus

Growmore Leasing And Investment Ltd

...Respondent

______________________________________________________ Mr. Akhileshwar Sharma, for Appellant Ms Aanchal Vyas i/b Mr. Dharan Gandhi, for Respondent. ______________________________________________________

CORAM:

M.S. Sonak & Advait M. Sethna, JJ.

DATED:

01 OCTOBER 2025 PC:- 1.

In all these matters, the tax effect is less than Rs.2 Crores.

2.

Accordingly, given the CBDT Circulars on the issue, we dispose of these Appeals by leaving the question of law open. 3.

However, in future, if it is pointed out that the tax effect is greater than Rs.2 Crores or that any of the Appeals falls

9-ITXA-01-24.DOCX within the exceptions, we grant the Appellants liberty to apply for restoration. This is provided that such liberty is exercised within a reasonable time i.e. on or before 31 January 2026. 4.

The questions of law raised in these Appeals are however kept open, since we have not decided these Appeals on merits.

5.

Mr. Sharma agrees that the tax effect is less than Rs.2 Crores. However, he has not received written instructions for withdrawal of these Appeals.

6.

Accordingly, we dispose of these Appeals.

(Advait M. Sethna, J) (M.S. Sonak, J)