Bombay High Court

THE PR.COMMISSIONER OF INCOME TAX-2versusREDKNEE (INDIA)TECHNOLOGIES PVT.LTD.

Decided: 1 October 2026
Disposal: DISPOSED OFF

Holding

The appeal is disposed of as withdrawn in accordance with the appellant's request under the circular.

Summary

The Commissioner of Income Tax-2 appealed against Redknee (India) Technologies Pvt. Ltd. The appellant's counsel argued that the tax dispute involved an amount below Rs. 2 crore and, under Circular No. 09/2024 issued by the Ministry of Finance, sought permission to withdraw the appeal. The High Court noted the submission and ordered that the appeal be disposed of as withdrawn. The court, however, kept the substantial questions of law arising from the matter open for determination in a suitable proceeding. It also directed that any court fee refund, if applicable, be granted upon application by the appellant. No substantive merits of the tax issue were adjudicated.

Issues considered

Whether an appeal involving a tax liability below Rs. 2 crore may be withdrawn under Circular No. 09/2024

Subjects

income tax
appeal withdrawal
Circular No. 09/2024
high court procedure
court fees

Judgment

                                                                          50-ITXA-3294-2018.DOC




                                                                                       Rekha Patil


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                   INCOME TAX APPEAL NO. 3294 OF 2018

                      The Pr. Commissioner Of Income Tax-2                   …Appellant
                           Versus
                      Redknee (India)Technologies Pvt.Ltd.                   …Respondent


                       Mr. Vikas T. Khanchandani (through V. C.) with Mr. Siddhart
                            Bhatia, for the Appellant-Revenue.
                       None for the Respondent.


                                           CORAM:        SUMAN SHYAM &
                                                         GAUTAM A. ANKHAD, JJ.
                                           DATED:        1st OCTOBER, 2026.
                      PC:-

                      1.     Mr. Vikas Khanchandani, learned counsel appearing for the
                      Appellant (through V.C.), submits that the tax effect involved in the
                      present 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.

                      2.     Taking note of the above submission of Mr. Vikas
                      Khanchandani, the Appeal stands disposed of as withdrawn.

                      3.     The formulated substantial question(s) of law             is/are,
                      however, kept open to be decided in an appropriate proceeding.
REKHA
PRAKASH
PATIL
Digitally signed by
REKHA PRAKASH
PATIL
Date: 2026.10.05
10:59:04 +0530

                                                    Page 1 of 2
                                              50-ITXA-3294-2018.DOC




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.



(GAUTAM A. ANKHAD, J.)                      (SUMAN SHYAM, J.)
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