Commissioner Of Income Tax International Taxation - 3 v. Kalpesh R. Jhaveri

440-ITXA-940-25+.DOCX Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SAYALI DEEPAK UPASANI INCOME TAX APPEAL NO. 940 OF 2025 SAYALI DEEPAK UPASANI Date: 2025.10.17 19:00:57 +0530 Commissioner of Income Tax International Taxation-3 ...Appellant

Versus

Kalpesh R. Jhaveri

...Respondent

WITH INCOME TAX APPEAL NO. 948 OF 2025 WITH INCOME TAX APPEAL NO. 949 OF 2025 ______________________________________________________ Mr Subir Kumar, through VC for Appellants.

______________________________________________________

CORAM:

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

DATED:

17 OCTOBER 2025 PC:- 1.

Mr Subir Kumar, the learned Counsel for the Appellants, on instructions seeks leave to withdraw these Appeals on the ground of low tax effect.

2.

Accordingly, leave is granted and these Appeals are disposed of as withdrawn on the ground of low tax effect by leaving the questions of law, if any, open. Interim Applications, if any, are disposed of. The Appellants shall be entitled to refund of Court fees according to rules.

440-ITXA-940-25+.DOCX 3.

However, if at a later stage, it is found that the tax effect is greater than Rs. 2 Crores or that the Appeals fall within any of the exceptions, the Appellants will have the liberty to apply for revival/restoration by filing an application within reasonable time i.e. on or before 31 January 2026. (Advait M. Sethna, J) (M.S. Sonak, J)