Principal Commissioner Of Income Tax 42 Mumbai v. Hemang Praveen Chandra Shah

472-ITXA-610-2024.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 610 OF 2024 Pr Commissioner of Income Tax 17 ...Appellant

Versus

Disha Constructions

...Respondent

WITH INCOME TAX APPEAL NO. 784 OF 2025 WITH INCOME TAX APPEAL NO. 798 OF 2025 WITH INCOME TAX APPEAL NO. 738 OF 2025 ______________________________________________________ Mr Ravi Rattesar for the Appellant.

Mr Atul K Jasani, for the Respondent ITXA/610/2024. Digitally signed by AMOL PREMNATH JADHAV Date:

2025.10.15 22:21:38 +0530 ______________________________________________________ AMOL PREMNATH JADHAV

CORAM

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

DATED:

09 October 2025 PC:- 1.

Mr Rattesar appears for the Appellant. However, he reports no instructions to seek withdrawal.

2.

The tax effect in these Appeals is less than Rs. 2 Crores. Therefore, given the Central Board of Direct Taxes Circulars on the subject, on the ground of low tax effect, we dispose of

472-ITXA-610-2024.DOCX these Appeals by leaving the question of law open. Interim Applications, if any, are disposed of.

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)