National Westminster Bank Plc As Depositarhy Of First State Indian Subcontinent Fund A Sub Fund v. The Deputy Commissioner Of Income Tax And ANR

8-WP1547-15+.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1547 OF 2015 WITH WRIT PETITION NO. 1389 OF 2015 WITH WRIT PETITION NO. 1390 OF 2015 WITH WRIT PETITION NO. 1391 OF 2015 WITH WRIT PETITION NO. 1610 OF 2015 National Westminister Bank PLC As Depositary of First State Aia Pacific Subcontinent Fund

...Petitioner

Versus

The Dy. Commissioner of Income Tax (International Taxation)-3(3)(1) and Ors

...Respondents

Ms. Apoorva Paranjape a/w Ms. Bijal Ajinkya and Ms.

Aditi Mukundan, i/b M/s. Khaitan & Co., for the Petitioner in all Petitions.

Mr. Arvind Pinto, for Respondent No. 1 in WP/1547/15, WP/1389/15, WP1390/15 & WP/1610/15.

Mr. Charanjeet Chanderpal, a/w Mr. Milind Borkar, for the Respondent No. 1 in WP/1391/15.

CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ.

DATED:

18th January 2016

8-WP1547-15+.DOC PC:- 1.

During the pendency of these Petitions, the District Resolution Panel has passed an order holding that the Petitioners would not be affected by the Section, applicability of which has been questioned.

2.

In these circumstances and that the District Resolution Panel has resolved the matter to the satisfaction of the Petitioners, then, irrespective of whether the Revenue would challenge the orders in higher forums is no ground to keep the Petitions pending. Because of the subsequent development the issue is completely academic and rendered infructuous.

3.

Learned counsel appearing on behalf of the Petitioners, on instructions, seeks leave to withdraw these Petitions with liberty to raise all contentions at an appropriate stage and in an appropriate proceedings. Leave granted. Writ Petitions are allowed to be withdrawn with liberty as prayed and disposed of as such. There will be no order as to costs.

(G. S. PATEL, J.) (S. C. DHARMADHIKARI, J.)