Wp/45208/2018 Of M/ S Wand Affiliates Fund Lp v. The Deputy Commissioner Of Income Tax - 2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF SEPTEIiIBERTWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAOANDTHE HONOURABLE SRIJUSTICE T.AMARNATH GOUD WRIT PETITION NO:45208 OF 2018 Between: M/s Wand Affiliates Fund LP, 260 Crandon Bloulevard,32 75, KeyBiscayne, Florida - 33149, United States of AmericaThrough itsAuthorized Signatory, Mr. Srinivas Reddy Kumbham .,,PETITIONER AND 'l . The Deputy Commissioner of lncome f ax - 2,lnternational TaxationAayakar Bhavan, Basheerbagh Hyderabad - 500 004. The Deputy Commissioner of lncome f ax - 2,lnternational TaxationAayakar Bhavan, Basheerbagh Hyderabad - 500 004 2. The Commissioner of lncome Tax, (lnternational Taxation and TransferPricing) Aayakar Bhavan, Basheerbagh Hyderabad - 500 004Pricing) Aayakar Bhavan, Basheerbagh Hyderabad - 500 004 3. The Union of lndia, through the Secretary, Ir/inistry of Finance,Government of lndia, North Block, New Delhi 1 ['10 ]101.Government of lndia, North Block, New Delhi 1 ['10 ]101. .,.RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ of Certiorari, or a writ in the nature of Certiorari,or any other appropriate writ, order or direction under article 2261227 of theConstitution of lndia, calling for the records of the Petitioner's case so far asthey relate to the issue of the lmpugned Notice under section 148 for AY2012-13 bearing reference no. F.No. DCIT(11)-2|14Bl 2018-19 dated 6thJuly 2018 and after going through and examining the question of thevalidity, propriety and legality thereof, be pleased to declare the same to beillegal and unenforceable, and, quash the same, and directing theRespondents to eschew from taking into consideration the Ruling to theextent it observes / finds that the gains from the Transaction arise in thehands of the Petitioner. lA NO; 2 OF 2018 Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to the Respondents be restrained from taking any steps pursuant tothe lmpugned Notice under section 148 fot AY 2012-13 bearing referenceno. F.No. DCIT(lT)-2l 14Bl 2018-19 dated 6th July 2018. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to take on record, the Clarification issued by the Respondent No.1dated July 01 .2020 as well as the Order dated August 13,2020 issued bythe Respondent No.1 dropping the re-assessment proceedings and in viewof the foregoing, the Petitioner be permitted to withdraw the present writpetition in the interest of justice. Counsel for the Petitioner: SRl. NISHANTH THAKUR FOR SRI. ROHIT POGULA Counsel for the Respondents: MS. K. MAMATA, SC FOR lT The Court made the following: IIONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAOANDHONOURABLE SRI JUSTICE T.AMARNATH GOUD \\,RIT PETITION NO.45208 OF 20I8 ORDER: (Per Sri Justice M.S.Ramachandra Rao) Heard Sri Nishanth Thakur, learned counsel appearing for SriRohit Pogula, learned counsel for the petitioner and Ms. K.Mamata.Rohit Pogula, learned counsel for the petitioner and Ms. K.Mamata.learned counsel for the respondents. 2. 2. Having regard to the letters dt.0 1.07.2020 and 13.08.2020 issuedby the Joint Comrnissioner of lncome Tax (OSD), lnternationalTaxation-2. Hyderabad, the leamed counsel lor the petitioner seeks tow,ithdraw this Writ Petition. 3. Therefore. the petitioner is permitted to withdraw this WritPetition in view of the above referred letters 4. The Writ Petition is accordingly dismissed as withdrawn. Nocosts. 5. Pending miscellaneous petitions. if any, in this Writ Petition shallalso stand dismissed. ORDER: (Per Sri Justice M.S.Ramachandra Rao) Heard Sri Nishanth Thakur, learned counsel appearing for SriRohit Pogula, learned counsel for the petitioner and Ms. K.Mamata.Rohit Pogula, learned counsel for the petitioner and Ms. K.Mamata.learned counsel for the respondents. 2. 2. Having regard to the letters dt.0 1.07.2020 and 13.08.2020 issuedby the Joint Comrnissioner of lncome Tax (OSD), lnternationalTaxation-2. Hyderabad, the leamed counsel lor the petitioner seeks tow,ithdraw this Writ Petition. 3. Therefore. the petitioner is permitted to withdraw this WritPetition in view of the above referred letters 4. The Writ Petition is accordingly dismissed as withdrawn. Nocosts. 5. Pending miscellaneous petitions. if any, in this Writ Petition shallalso stand dismissed. SDi-N.CHANDRA RAOASSISTANT RAR /iTRUE COPY// SECTION OFFICER To, 1. One CC to Sri. Rohit Pogula, Advocate One CC to Sri. Rohit Pogula, Advocate CC to Sri. Rohit Pogula, Advocate to Sri. Rohit Pogula, Advocate Sri. Rohit Pogula, Advocate (OPU-C) 1. One CC to Sri. Rohit Pogula, Advocate One CC to Sri. Rohit Pogula, Advocate CC to Sri. Rohit Pogula, Advocate to Sri. Rohit Pogula, Advocate Sri. Rohit Pogula, Advocate (OPU-C) 1. One CC to Sri. Rohit Pogula, Advocate One CC to Sri. Rohit Pogula, Advocate CC to Sri. Rohit Pogula, Advocate to Sri. Rohit Pogula, Advocate Sri. Rohit Pogula, Advocate i. o;; cc [io ][rvrt. ][K. ][Mamala, ] [for ][lT ][(oPUc) ][I]3. Two CD [CoPies.]i. o;; cc [io ][rvrt. ][K. ][Mamala, ] [for ][lT ][(oPUc) ][I]3. Two CD [CoPies.] HIGH COURT DATED:09/09/2020 ORDER WP.No.45208 of 2018 Dismissing the As withdrawnWithout costs. 1tleslA(oo16 SEP2mza** DPATc.