Pr Commissioner Of Income Tax 19 Mumbai v. Bhanwarlal M Jain Ay 2008-09 Assessee

421-ITXA-349-2024 WITH 423-ITXA-351-2024.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 349 OF 2024 Pr Commissioner of Income Tax 19 Mumbai ...Appellant

Versus

Bhanwarlal M Jain AY 2009-10 Assessee

...Respondent

WITH INCOME TAX APPEAL NO. 351 OF 2024 Pr Commissioner of Income Tax 19 Mumbai ...Appellant

Versus

Bhanwarlal M Jain AY 2008-09 Assessee

...Respondent

______________________________________________________ Mr Akhileshwar Sharma, (through VC), for the Appellant. Mr Jas Sanghavi, with Ms Linzy Sharan, i/b, PDS Legal, for the Respondent.

______________________________________________________ Digitally signed by AMOL PREMNATH JADHAV Date:

2025.11.10 14:49:41 +0530 AMOL PREMNATH JADHAV

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.

2.

Accordingly, we dispose of this Appeal on the ground of 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

421-ITXA-349-2024 WITH 423-ITXA-351-2024.DOCX restoration/revival is filed within reasonable time i.e., on or before 31 January 2026.

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