Pr Commissioner Of Income Tax Central 2 v. Sheth Developers Pvt Ltd

429-ITXA-491-2024+.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 491 OF 2024 Pr Commissioner of Income Tax Central 4 ...Appellant

Versus

Netalter Software Ltd

...Respondent

WITH INCOME TAX APPEAL NO. 1045 OF 2024 WITH INCOME TAX APPEAL NO. 1046 OF 2024 WITH INCOME TAX APPEAL NO. 1145 OF 2024 WITH INCOME TAX APPEAL NO. 137 OF 2025 WITH INCOME TAX APPEAL NO. 465 OF 2024 ______________________________________________________ Mr Suresh Kumar, for the Appellants.

Mr Ashok Kotangale, with Smita Thakur for the Appellant In ITXA/465/2024.

Mr Atul K Jasani, for the Respondent in ITXA/1046/2024. ______________________________________________________ Digitally signed by AMOL PREMNATH JADHAV Date:

2025.10.15 22:38:54 +0530 AMOL PREMNATH JADHAV

CORAM

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

DATED:

09 October 2025 PC:- 1.

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

429-ITXA-491-2024+.DOCX 2.

Accordingly, leave is granted and these Appeals are disposed of as withdrawn by leaving the questions of law raised therein open.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

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. 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)