Bird Travels (P) Ltd v. Union Of India And ORS

$~R-25 & 27-32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11374/2009 SURYA FOOD & AGRO LTD.

Petitioner Through Dr. Shashwat Bajpai and Mr. Sharad Aggarwal, Advocates versus Respondents UNION OF INDIA & ORS.

Through None And W.P. (C) 13891/2009 + ACCESS EQUITY PVT. LTD.

Through None .Petitioner versus Respondents UNION OF INDIA & ORS.

Through Mr. Anurag Ahluwalia, CGSC for UOI And W.P. (C) 14147/2009 TELEVISION EIGHTEEN INDIA LTD.

Petitioner Through Mr. MayankNagi, Advocate + versus UNION OF INDIA & ORS.

Respondents Through Mr. Anurag Ahluwalia, CGSC for UOI And W.P. (C) 14188/2009 + BIRD TRAVELS (P) LTD.

Petitioner Through Mr. Mayank Nagi, Advocate versus UNION OF INDIA & ORS.

Through Respondents Mr. Anurag Ahluwdia, CGSC for UOI By:AMULYA

+ W.P.(C) 804/2010 IBN 18 BROADCAST LIMITED Petitioner Through Mr. Mayank Nagi, Advocate versus UNION OF INDIA & ORS.

Respondents Through Mr. Anurag AhluwaHa, CGSC for UOI And + W.P.(C) 818/2010 NETWORK 18 MEDIA & INVESTMENTS LTD Petitioner Through Mr. Mayank Nagi, Advocate versus UNION OF INDIA & ORS.

Respondent Through Mr. Anurag Ahluwaiia, CGSC for UOI And + W.R(C) 3116/2010 RHC HOLDING PVT. LTD. & ANR Petitioner Through Mr. Mayank Nagi, Advocate versus UNION OF INDIA & ORS.

Respondents Through None

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

ORDER

% 30.08.2018 Learned counsel for the petitioners state that the issue raised in the present writ petitions is now covered by the judgment of the Supreme Court in Commissioner of Income Tax, 5 Mumbai vs. Essar Teleholdings Ltd. (2018) 401 ITR445 (SC).

It is further stated that Rule 8D of the Income Tax Rules, 1962 has been interpreted by the Supreme Court in Godrez & Boyce Manufacturing

Co. Ltd. vs. Deputy Commissioner ofIncome Tax and Another, (2017) 394 ITR449 (SC).

In view of the aforesaid decisions, the learned counsel for the petitioners seeks permission to withdraw the present writ petition with liberty to raise all the contentions and issues before the Assessing Officer, and if required and necessary in the appellate proceedings.. Taking the statement on record, we dispose of the present writ petitions without any order of costs.

We clarify that this Court has not examined the specific facts and has not given any specific direction and opinion.

SANJIV KHANNA, J CHANDm SHEKHAR, J AUGUST 30,2018 b