Commissioner Of Income Tax It 2 Mumbai v. Sybase Software India Pvt Ltd

418-ITXA-334-2024.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 334 OF 2024 Commissioner of Income Tax IT 2 Mumbai ...Appellant

Versus

Sybase Software India Pvt Ltd

...Respondent

______________________________________________________ Mr Akhileshwar Sharma, (through VC), for the Appellant. ______________________________________________________

CORAM

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

DATED:

07 November 2025 PC:- 1.

The tax effect in this Appeal is less than Rs. 2 Crores. However, Mr Sharma reports no instructions.

Digitally signed by AMOL PREMNATH JADHAV Date:

2025.11.10 14:49:42 +0530 2.

Accordingly, we dispose of this Appeal on the ground of AMOL PREMNATH JADHAV low tax effect by keeping question of law open. 3.

However, if at a later stage, it is found that the tax effect is greater than Rs. 2 Crores or that the Appeal falls within any of the exceptions, the Appellant will have the liberty to apply for revival/restoration. This is provided that an application for restoration/revival is filed within reasonable time i.e., on or before 31 January 2026.

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