Bombay High Court
COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION 2 MUMBAIversusINDIUM IV MAURITIUS HOLDINGS LIMITED
- Decided
- Disposal
- DISPOSED OFF
Holding
The appeal is allowed to be withdrawn and the proceedings are disposed of.
Summary
The Commissioner of Income Tax (International Taxation)-2, Mumbai appealed against Indium IV (Mauritius) Holdings Limited concerning a tax effect of Rs. 1,43,51,146 for assessment year 2017-18. The court considered the tax effect in light of Circular No.9/2024 issued by the CBDT on 17 September 2024. It held that, given the circular, there was no need to continue the proceedings. Consequently, the appeal was permitted to be withdrawn and the matter was disposed of without costs, with a refund of court fees ordered. The court expressly kept the questions of law open, and the interim application was also dismissed.
Issues considered
- What is the impact of Circular No.9/2024 on the continuation of the income tax appeal?
- Whether the appeal can be withdrawn in view of the tax effect and the circular?
Subjects
- income tax
- appeal withdrawal
- CBDT circular
- assessment year 2017-18
- international taxation
- Mauritius
- tax effect
Judgment
7-ITXAL [email protected] Digitally signed by PRAJAKTA PRAJAKTA SAGAR SAGAR VARTAK VARTAK Date: 2026.08.24 12:59:15 +0530 Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L.) NO. 18272 OF 2024 WITH INTERIM APPLICATION NO. 2399 OF 2026 Commissioner of Income Tax- (International Taxation)-2, Mumbai ...Appellant Versus Indium IV (Mauritius) Holdings Limited ...Respondent _________ Ms. Shilpa Goel for Appellant/Applicant. Mr. Manish Malim i/b. Mr. Atul Jasani for Respondent. __________ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 21 AUGUST 2026 P.C. 1. Ms. Shilpa Goel, learned counsel for the Appellant-Revenue, on instructions, states that present appeal involves tax effect of Rs. 1,43,51,146/- as set out in paragraph 11 of the memo of appeal. In this view of the matter, considering the tax effect and in terms of Circular No.9/2024, dated 17 th September 2024 issued by CBDT, the proceedings are not needed to be taken forward. The assessment year in question in the present appeal is A.Y. 2017-18. 2. The appeal is accordingly allowed to be withdrawn. Disposed of. 3. No costs. Refund of court fees as per rules. 4. The questions of law are expressly kept open. 5. Interim application would not survive. It is accordingly disposed of. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) Page 1 of 1 21 August 2026
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