Bombay High Court
Principal Commissioner Of Income Tax 19 vs Nirav Shailendra Mody Ita No 1039 Mum ... on 9 October, 2025
Author: M.S. Sonak
Bench: M.S. Sonak
2025:BHC-OS:18950-DB 517-ITXA-427-2025+.DOCX
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 427 OF 2025
The Pr Commissioner Income Tax19 ...Appellant
Versus
Vinisha Jitendra Adani ...Respondent
WITH
INCOME TAX APPEAL NO. 431 OF 2025
WITH
INCOME TAX APPEAL NO. 441 OF 2025
WITH
INCOME TAX APPEAL NO. 447 OF 2025
WITH
INCOME TAX APPEAL NO. 455 OF 2025
WITH
Digitally signed
by AMOL
INCOME TAX APPEAL NO. 458 OF 2025
PREMNATH
AMOL JADHAV
PREMNATH Date:
JADHAV 2025.10.14
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22:26:13
+0530
INCOME TAX APPEAL NO. 685 OF 2025
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INCOME TAX APPEAL NO. 739 OF 2025
WITH
INCOME TAX APPEAL NO. 740 OF 2025
WITH
INCOME TAX APPEAL NO. 747 OF 2025
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INCOME TAX APPEAL NO. 773 OF 2025
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517-ITXA-427-2025+.DOCX
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INCOME TAX APPEAL NO. 795 OF 2025
____________________________________________________
Ms. Mamta Omle ( Through VC), for the Appellants.
Mr Anuj Pande , for the Respondent In ITXA/739/2025,
ITXA/740/2025
______________________________________________________
CORAM M.S. Sonak &
Advait M. Sethna, JJ.
DATED: 09 October 2025 PC:-
1. Heard learned Counsel for the parties.
2. The tax effect in all these Appeals is below Rs. 2 Crores. Therefore, in accordance with the Central Board of Direct Taxes Circulars, these matters ought not to have been filed or in any event, pursued by the Revenue.
3. Learned Counsel for the Appellants, however, submits that she has no instructions to seek withdrawal.
4. Accordingly, we dispose of these Appeals on the grounds of low tax effect by keeping the questions raised therein open.
5. 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 Page 2 of 3 ::: Uploaded on - 14/10/2025 ::: Downloaded on - 17/10/2025 23:04:35 ::: 517-ITXA-427-2025+.DOCX restoration/revival is filed within reasonable time i.e., on or before 31 January 2026.
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