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

ITA/549/2006HC DelhiDLHC01062011200625 September 2026Author: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD,HON'BLE MS. JUSTICE RENU BHATNAGAR3 pages
AI SummaryWithdrawn

Facts

The appeals were filed by the Commissioner of Income Tax (Appellant) against M/s Dalmia Cement Bharat Ltd. (Respondent). The appeals challenged orders from the Income Tax Appellate Tribunal (ITAT) for various assessment years. The specific orders or actions under challenge and the amounts in dispute were not detailed in the provided text. The procedural history indicates that these appeals were listed before the Delhi High Court.

Held

The Delhi High Court, acknowledging the submission by the Appellant's counsel regarding the tax effect being less than Rs. 2 crores and the applicability of Circular No. 09/2024, granted permission for the withdrawal of the appeals. The Court held that the appeals are disposed of as withdrawn. Consequently, any pending applications related to these appeals were also disposed of as withdrawn. The ratio of this decision is that appeals with a tax effect below a certain threshold, as stipulated by relevant circulars, can be withdrawn by the Revenue. No specific issues regarding the merits of the original ITAT orders were decided.

Key Issues

The primary issue was whether the appeals filed by the Revenue should be permitted to be withdrawn. The Revenue, represented by learned counsel, submitted that the tax effect in the present appeals was less than Rs. 2 crores. Based on this submission, the Revenue sought permission to withdraw the appeals in light of Circular No. 09/2024. The judgment does not record any specific arguments from the Respondent, M/s Dalmia Cement Bharat Ltd., on this matter.

AI-generated summary — verify with the full judgment below

$~10 to 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010613452006 + ITA 155/2006, CM APPL. 59542/2026 COMMISSIONER OF INCOME TAX .....Appellant Through: Mr. Ruchir Bhatia, SSC, Mr. Anant Mann, JSC, Mr. Pratyaksh Gupta, JSC, for Appellant. versus M/S DALMIA CEMENT BHARAT LTD. .....Respondent Through: Mr. M. S. Ananth, Mr. Sahil Dhawan, Advocates # CNR No. DLHC010616882006 + ITA 258/2006, CM APPL. 59626/2026 COMMISSIONER OF INCOME TAX .....Appellant Through: Mr. Ruchir Bhatia, SSC, Mr. Anant Mann, JSC, Mr. Pratyaksh Gupta, JSC, for Appellant. versus M/S DALMIA CEMENT BHARAT LTD. .....Respondent Through: Mr. M. S. Ananth, Mr. Sahil Dhawan, Advocates # CNR No. DLHC010620112006 + ITA 549/2006, CM APPL. 59580/2026 COMMISSIONER OF INCOME TAX DEL .....Appellant This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/09/2026 at 12:13:25

Through: Mr. Ruchir Bhatia, SSC, Mr. Anant Mann, JSC, Mr. Pratyaksh Gupta, JSC, for Appellant. versus M/S DALMIA CEMENT LTD. .....Responde

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