Bombay High Court

CREDIT AGRICOLE INDOSUEZversusTHE JOINT COMMISSIONER OF INCOME TAX

Decided: 23 April 2026
Disposal: WITHDRAWN
Bench: SUMAN SHYAM SHYAM C CHANDAK

Holding

The Court granted leave to withdraw the income‑tax appeal.

Summary

The appellant, Credit Agricole Indosuez (now Calyon Bank), sought the Court’s permission to withdraw its income‑tax appeal for the assessment year 1991‑92. The learned counsel filed a petition requesting leave to withdraw the appeal. The Court examined whether such leave could be granted under procedural law. It held that the appellant was entitled to withdraw the appeal and therefore allowed the withdrawal. The substantive question of law raised in the appeal was ordered to remain open for consideration in a suitable proceeding.

Issues considered

Whether the Court may grant leave to withdraw an income‑tax appeal filed under the Income Tax Act

Subjects

income tax
appeal withdrawal
procedural law
high court

Judgment

                                                                           48 ITXA653.2004.DOC




                      P.H. Jayani


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       ORDINARY ORIGINAL CIVIL JURISDICTION
                                        INCOME TAX APPEAL NO. 653 OF 2004


                      Credit Agricole Indosuez
                      (now Calyon Bank)                              …. Appellant
                            V/s.
                      The Joint Commissioner of Income
                      Tax, Mumbai and anr.                           …. Respondents
                                        _____________________________
                      Mr. Madhur Agrawal a/w. Mr. Vrushabh Vig and Mr. Vikrant
                      Nalavade i/b. Crawford Bayley and Co. for the Appellant.
                                       _____________________________

                                              CORAM:        SUMAN SHYAM &
                                                            SHYAM C. CHANDAK, JJ.
                                              DATED:        23rd APRIL, 2026
                      PC:-

                      1.        The learned Counsel for the Appellant, on instructions, seeks
                      leave of the Court to withdraw the Income Tax Appeal No.
                      653/2004 filed by the assessee for the Assessment Year 1991-92.

                      2.        The Appeal is allowed to be withdrawn and the question of
                      law, is kept open to be considered in appropriate matter.




                       (SHYAM C. CHANDAK, J.)                          (SUMAN SHYAM, J.)



  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.04.24
17:07:39 +0530

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