Of First State Aia Pacific Subcontinent Fund v. The Dy. Commissioner Of Income Tax

Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY 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 FundVersus The Dy. Commissioner of Income Tax (International Taxation)-3(3)(1) and Ors …Petitioner …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 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 Writ Petitions are allowed to be withdrawn with liberty as prayed and disposed of as such.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. withdrawn with liberty as prayed and disposed of as such. There (G. S. PATEL, J.) (S. C. DHARMADHIKARI, J.)