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 from the Income Tax Appellate Tribunal (ITAT) for assessment years not specified in the judgment. The tax effect in these appeals was stated to be less than Rs. 2 crores. The Appellant's counsel sought permission to withdraw the appeals in light of Circular No. 09/2024.

Held

The Tribunal noted the Appellant's submission that the tax effect in the present appeals was less than Rs. 2 crores. Citing Circular No. 09/2024, the Appellant's counsel sought permission to withdraw the appeals. The Tribunal, in light of this submission and the circular, granted permission. Accordingly, the appeals were disposed of as withdrawn. Any pending applications were also disposed of as withdrawn.

Key Issues

1. Whether the appeals can be withdrawn by the Appellant due to the tax effect being less than Rs. 2 crores, in accordance with Circular No. 09/2024? The Appellant argued that the tax effect is below the threshold stipulated in Circular No. 09/2024 and therefore sought permission to withdraw the appeals. The Respondent's arguments are not recorded in the judgment.