COMMISSIONER OF INCOME TAX vs. M/S DALMIA CEMENT BHARAT LTD.

Facts

The appeals were filed by the Commissioner of Income Tax (Appellant) against M/s Dalmia Cement Bharat Ltd. (Respondent). The appeals challenged orders passed by an ITAT (not specified in the judgment). The specific assessment years are not mentioned. The appeals were listed before the Delhi High Court. The learned counsel for the Appellant made a submission regarding the tax effect in the present appeals.

Held

The Delhi High Court noted the submission by the learned Counsel for the Appellant (Revenue) that the tax effect in the present appeals is less than Rs. 2 crores. Based on this submission and in light of Circular No. 09/2024, the Appellant sought permission to withdraw the appeals. The Court accepted this request. Accordingly, the appeals were disposed of as withdrawn. Any pending applications were also disposed of as withdrawn. No decision on the merits of the case was made.

Key Issues

1. Whether the tax effect in the present appeals is less than Rs. 2 crores, and if so, whether the Appellant should be permitted to withdraw the appeals in light of Circular No. 09/2024? Assessee's Contentions: Not recorded in the judgment. Revenue's Contentions: The learned Counsel for the Appellant (Revenue) fairly submitted that the tax effect in the present Appeals is less than Rs. 2 crores and, therefore, sought permission to withdraw the present Appeals in light of Circular No. 09/2024.