Itxa/1560/2017 Of Hsbc Bank (Mauritus) Limited v. The Deputy Director Of Income-Tax (International Taxation)-2(2)(2)

JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1560 OF 2017 HSBC Bank (Mauritus) Ltd.… Appellant V/s. The Deputy Commissioner of Income Tax, (International Taxation) 2(2)(2), Mumbai... Respondent Mr. Percy Pardiwalla, Senior Advocate a/w. Mr. Niraj Sheth i/b. Atul K. Jasani for the AppellantMr. Tejveer Singh for the Respondent CORAM : NITIN JAMDAR & M.S. KARNIK, JJ. P.C.:- DATE : 09 JANUARY 2020. Mr. Pardiwalla, the learned Senior Advocate for theAppellant states that the Appellant had moved a Misc. Applicationfor rectification under Section 254(2) of the Income Tax Act, 1961and an order is passed on 10 January 2018 recalling the order whichis impugned in the Appeal, in respect of one part of the controversy.The learned Senior Advocate submits that if the Revenue files a WritPetition to get the order passed in Misc. Application set aside thenthe Appellant would be constrained to pursue the Appeal. He states that to his knowledge no Writ Petition as on date is filed by theRevenue and therefore, presently there is no warrant to pursue theAppeal. 2.The Appeal is accordingly disposed of as infructuous. M.S. KARNIK, J. NITIN JAMDAR, J. Digitallysigned byJyotiJyoti P. PawarP.Date:2020.01.15Pawar12:51:12+0530