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Bombay High Court

PR. COMMISSIONER OF INCOME TAX - 6versusCASA BUILDERS PVT. LTD.

Decided
Disposal
Disposed off as Withdrawn

Holding

The appeal is disposed of for low tax effect, with liberty granted to the Revenue to revive it if an exception applies or the tax effect exceeds Rs 2 crore.

Summary

The Principal Commissioner of Income Tax appealed against Casa Builders Pvt. Ltd. but the tax effect was found to be below the monetary threshold set in CBDT Circular No. 9 of 2024. The court noted that the matter did not fall within any of the circular’s exceptions. The Revenue counsel, lacking instructions to withdraw, requested disposal for low tax effect with a liberty to revive if an exception later applied or the tax effect exceeded Rs 2 crore. The court disposed of the appeal on the ground of low tax effect, granting the Revenue the right to file a revival application. Any such application will be heard on its merits in accordance with law.

Issues considered

  • Whether the appeal should be disposed of on the ground of low tax effect as the tax amount is below the CBDT Circular No. 9 of 2024 threshold
  • Whether any exception under the CBDT circulars applies to the present matter
  • Whether the Revenue may revive the appeal if the tax effect is later found to exceed Rs 2 crore or an exception is identified

Subjects

  • income tax
  • appeal
  • low tax effect
  • CBDT circular
  • revival
  • monetary limit
  • tax jurisdiction

Judgment

                                                                                                                          28. ITXA-133-2020.doc
                                                                                                 Pr. Commissioner of IT vs. Casa Builders Pvt. Ltd.




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        ORDINARY ORIGINAL CIVIL JURISDICTION

                                            INCOME TAX APPEAL NO. 133 OF 2020

                  The Pr. Commissioner of Income Tax - 6                                                     ..         Appellant
                        V/s.
                  Casa Builders Pvt. Ltd.                                                                    ..         Respondent

                                          ______________________________________
                  Mr. Akhileshwar Sharma (through VC) for Appellant.
                  Ms. Neha Sharma a/w Mr. Samyak Navedia i/b Sriram Sridharan for Respondent.
                                 _______________________________________
                                                           CORAM : B. P. COLABAWALLA AND
                                                                                      FARHAN P. DUBASH, JJ.

                                                           DATE                 : 7th OCTOBER 2026

                  P.C.:

                  1.            In the above Appeal, admittedly, we find that the tax effect is below the

                                monetary limits set out in CBDT Circular No. 9 of 2024 dated 17 th

                                September 2024. Prima facie, we do not find that the subject matter in the

                                present case falls within any of the exceptions.



                  2.            Despite these facts, the learned Advocate appearing on behalf of the

                                Revenue stated that unfortunately he does not have any instructions to

                                withdraw the above Appeal and the same can be disposed of for low tax

                                effect, with liberty to revive the above Appeal in the event subject matter of


                                                                     Page 1 of 2
                                                         -------------------------------------
             Digitally signed                             Order dated 7th October 2026
             by SHUBHAM
SHUBHAM      SHESHRAO
SHESHRAO     GADHAVEPATIL
GADHAVEPATIL
             Date: 2026.10.08
             13:33:54 +0530
                                                                                                      28. ITXA-133-2020.doc
                                                                             Pr. Commissioner of IT vs. Casa Builders Pvt. Ltd.




           the above Appeal falls within any exceptions set out by the circulars issued

           by the CBDT from time to time or the tax effect is above 2 Crores.



3.         Considering the aforesaid facts of the case, we hereby dispose of the above

           Appeal for low tax effect. We grant liberty to the Revenue to revive the

           above Appeal in the event it falls within any of the exceptions or the tax

           effect is found to be above 2 Crores.



4.         If any such Application for revival is filed, the same shall be decided after

           hearing all the parties, and on its own merits and in accordance with law.



5.         This order will be digitally signed by the Private Secretary / Personal

           Assistant of this Court. All concerned will act on production by fax or email

           of a digitally signed copy of this order.




         ( FARHAN P. DUBASH, J. )                                              ( B. P. COLABAWALLA, J.)

Shubham Gadhavepatil




                                                 Page 2 of 2
                                     -------------------------------------
                                      Order dated 7th October 2026


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