Pr Commissioner Of Income Tax C2 v. Harshad S. Mehta

418-ITXA-249-2024.DOCX by PALLAVI MAHENDRA WARGAONKAR Date:

2025.10.21 14:15:13 +0530 PALLAVI MAHENDRA WARGAONKAR Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL(IT) NO. 249 OF 2024 Pr Commissioner Of Income Tax C2 ...Appellant

Versus

Harshad S. Mehta

...Respondent

______________________________________________________ Ms. Smita Thakur, i/b. Suresh Kumar for Appellant. ______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.

DATED : 16 October 2025 P.C.:- 1.

The tax effect in this Appeal is Rs.25,93,788/-. In terms of the CBDT Circulars, appeals having tax effect of lesser than Rs.2 Crores are not to be pursued by the Revenue. However, Ms. Thakur, the learned counsel for the Appellant submits that the companion Appeal No.ITXA No.225 of 2024 involves the tax effect of Rs.3.23 Crores. She therefore submits that the cumulative effect of the tax effect in both the Appeals would exceed Rs.2 Crores.

2.

Based on such cumulative effect, we cannot allow the Revenue to proceed with ITXA No.249 of 2024. However, at the same time, we would like to clarify that the disposal of this Appeal, will, in no manner, impact ITXA No.225 of 2024 which have to be heard and decided on its own merits.

418-ITXA-249-2024.DOCX 3.

Accordingly, we dispose of this Appeal by keeping the questions of law open and by clarifying that this disposal, would, in no manner, affect the hearing in ITXA No.225 of 2024.

4.

This Appeal is disposed of on the ground of low tax effect leaving the questions of law open and with liberty in the above terms.

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