Bombay High Court

PR. COMMISSIONER OF INCOME TAX-28versusKULSWAMI CO-OP. CREDIT SOCIETY LTD.

Decided: 3 September 2026
Disposal: WITHDRAWN

Holding

The appeal stands disposed of as withdrawn.

Summary

The Commissioner of Income Tax-28 filed an appeal (ITXA No. 2687 of 2018) against Kulswami Co-operative Credit Society, Ltd. The Revenue counsel, Mr Arjun Gupta, argued that since the appeal amount was below Rs. 2 crores, the appellant was entitled to withdraw the appeal under Circular No. 09/2024 dated 17 September 2024 issued by the Ministry of Finance. The court considered whether the appeal fell within any exception to the withdrawal provision. The judges found no such exception applicable. Consequently, the court ordered the appeal to stand disposed of as withdrawn. The court also noted that any refund of court fees, if applicable, could be claimed by the appellant.

Issues considered

Whether an income tax appeal with a value below Rs. 2 crores can be withdrawn under Circular No. 09/2024 without falling within any exception.

Subjects

income tax
appeal withdrawal
circular
high court
tax litigation

Judgment

                                                                      13-ITXA-2687-2018.DOC




                                                                                     Shephali


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                    INCOME TAX APPEAL NO. 2687 OF 2018


                      PR. Commissioner of Income Tax-28                       …Appellant
                            Versus
                      Kulswami Co.op. Credit Society, Ltd.                  …Respondent


                      Mr Arjun Gupta, for the Appellant-Revenue.
                      Mr VS Hadade, for the Respondent.


                                        CORAM:      SUMAN SHYAM &
                                                    ADVAIT M. SETHNA, JJ.
                                        DATED:      3rd SEPTEMBER 2026.
                      PC:-
SHEPHALI
SANJAY
MORMARE               1.     Mr Arjun Gupta, learned counsel appearing for the Revenue-
Digitally signed by
SHEPHALI
SANJAY
MORMARE
                      Appellant, submits that the tax effect involved in the present
Date: 2026.09.03
13:55:16 +0530
                      Appeal is below Rs. 2 crores. Therefore, in view of the Circular No.
                      09/2024, dated 17th September 2024, issued by Government of
                      India, Ministry of Finance Department of Revenue Central Board of
                      Direct Taxes, he seeks leave of this Court to withdraw the Appeal.
                      It is also submitted that this matter does not fall in any of the
                      exception.

                      2.     Taking note of the above submission of Mr Arjun Gupta, the
                      Appeal stands disposed of as withdrawn.




                                                   Page 1 of 2
                                              13-ITXA-2687-2018.DOC




3.    The formulated substantial question(s) of law is/are,
however, kept open to be decided in an appropriate proceeding.

4.    Refund of the Court fees, if applicable, be issued, in
accordance with Rules, if an application is made by the Appellant
on that behalf.



(ADVAIT M. SETHNA, J.)                      (SUMAN SHYAM, J.)
                                                                  {




                            Page 2 of 2

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