THE PR. COMMISSIONER OF INCOME TAX-1 NASHIK vs. DEEPAK JAGDISH THAKKAR

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ITA/44/2018HC BombayHCBM03009582201817 October 2025Bench: HON'BLE SMT. JUSTICE VIBHA KANKANWADI,HON'BLE SHRI JUSTICE HITEN S. VENEGAVKAR2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the application for withdrawal of the appeal. The Court noted the submissions made by the Revenue's Senior Standing Counsel regarding the CBDT Circular No. 9/24-Income tax dated 17.09.2024, which increased the monetary threshold for filing departmental appeals to Rs. 2,00,00,000/-. As the dispute valuation of Rs. 1,12,89,470/- was below this enhanced limit, the Revenue was permitted to withdraw the appeal. Consequently, Income Tax Appeal No. 44 of 2018 was disposed of as withdrawn. The Court also allowed the refund of court fees as per the rules. No specific issue was left undecided, as the appeal was withdrawn before a decision on merits.

What were the facts?

The Principal Commissioner of Income Tax-1, Nashik (Revenue) filed an application for withdrawal of Income Tax Appeal No. 44 of 2018 against Deepak Jagdish Thakkar (Assessee). The appeal was filed for assessment year(s) not specified in the judgment. The application for withdrawal was based on a monetary ground, citing Circular No. 9/24-Income tax dated 17.09.2024, which enhanced the monetary thresholds for filing departmental appeals. The dispute valuation in the present matter was Rs. 1,12,89,470/-, which is below the enhanced limit of Rs. 2,00,00,000/- before the High Court.

What were the issues?

1. Whether the Income Tax Appeal No. 44 of 2018 should be allowed to be withdrawn on monetary grounds, considering the revised monetary thresholds for departmental appeals as per CBDT Circular No. 9/24-Income tax dated 17.09.2024? The Revenue, through its Senior Standing Counsel, argued that the Central Board of Direct Taxes (CBDT) had issued Circular No. 9/24-Income tax dated 17.09.2024, enhancing the monetary thresholds for filing departmental appeals, following Circular No. 5/2024/Income Tax dated 15.03.2024. This move aims to reduce litigation and focus on substantial tax disputes. The enhanced monetary limit before the High Court is Rs. 2,00,00,000/-. Since the dispute valuation of Rs. 1,12,89,470/- is below this limit, the Revenue, upon instructions, sought to withdraw the appeal. The Assessee's arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11598 OF 2025 WITH INCOME TAX APPEAL NO. 44 OF 2018 The Pr. Commissioner Of Income Tax-1 Nashik VERSUS Deepak Jagdish Thakkar Ms. Kalpana Bharaswadkar Patil, Senior Standing Counsel for Applicant CORAM : Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ. DATE : 17th October, 2025 PER COURT :- 1. Present application has been filed for withdrawal of the appeal on monetary ground. 2. Heard. Ms. Bharaswadkar, learned Senior Standing counsel for Union of India. She submits that the Central Board of direct taxes issued Circular No.9/24-Income tax dated 17.09.2024, enhancing the monetary thresholds for filing departmental appeals following up on Circular No.5/2024/Income Tax, dated 15.03.2024. It is stated that the said move is in line with the Government’s commitment to reduce unnecessary litigation and ensuring that only substantial tax disputes are escalated to the judiciary, thus reducing workload on Courts and fostering a more efficient tax dispute resolution mechanism. The 901-Civil Appln-11598-2025.odt 1 of 2 2025:BHC-AUG:29857-DB

enhanced monetary limit before this Court is Rs.2,00,00,000/-. In the present matter dispute valuation is Rs. 1,12,89,470/- which is below the limit of the Circular dated 17.09.2024 and, therefore, upon instructions, she is withdrawing the appeal. Along-with the application she has filed the copy of the Notification. She has also prayed for refund of the Court fees. 3. In view of the said submission, Application stands allowed. The Income Tax Appeal No. 44 of 2018 stands disposed of as withdrawn. The Court fee refund is allowed as per the rules. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi 901-Civil Appln-11598-2025.odt 2 of 2

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