Wp/45285/2018 Of M/S Wand Equity Portfolio Ii Lp v. The Deputy Commissioner Of Income Tax - 2

WEDNESDAY ,THE NINTH DAY OF SEPTEIMBERTWO THOUSAND AND IWENTY PRESENT THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAOANDTHE HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION NO: 45285 OF 2018 Between: lvl/s Wand Equity Portfolio ll LP, 260 Crandon Bloulevard, 32 # 75, Key Biscayne,Florida - 33149, United States of America Through its Authorized Signatory,l\/r. Srinivas Reddy, Kumbham.Florida - 33149, United States of America Through its Authorized Signatory,l\/r. Srinivas Reddy, Kumbham. ...PETITIONER AND 1.The Deputy Commissioner of lncome Tax - 2, lnternational Taxation AayakarBhavan, Basheerbagh Hyderabad - 500 004.Bhavan, Basheerbagh Hyderabad - 500 004.2.The Commissioner of lncome Tax, (lnternational Taxation and Transfer Pricing)Aayakar Bhavan, Basheerbagh Hyderabad - 500 004.Aayakar Bhavan, Basheerbagh Hyderabad - 500 004.3.The Union of lndia, through the Secretary, Ministry of Finance, Government oflndla, North Block, New Delhi ['1 ]10 101. lndla, North Block, New Delhi ['1 ]10 101. ...RES'ONDENTS Petition under Article 226 o'f lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleased toissue a Writ of Certiorari, or a writ in the nature of Certiorari, or any other appropriatewrit, order or direction under Article 2261227 of the Constitution of lndia, calling forthe records of the Petitioners case so far as they relate to the issue of the lmpugnedNotice under section 148 for AY 2012-13 bearing reference no. F.No.DClT(lT)-2l14Bl2018-19 dated 6th July 2018 and after going through and examining the question ofthe validity, propriety and legality thereof, be pleased to declare the same to be illegaland unenforceable, and, quash the same and directing the Respondents to eschewfrom taking into consideration the Ruling to the extent it observes / finds that thegains from the Transaction arise in the hands of the Petitioner.lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to respondentsbe restained from taking any steps pursuant to the lmpugned Notice under section148 fot AY 2012-13 bearing reference no. F.No. DCtT(lT)-2114812018-19 dated 6thJuly 2018. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be [pleased ]to receive theadditional material papers (1) Letter filed by SeedWorks Mauritius with theDesignated Authority, (2) Clarification Letter dated July 01 ,2020 issued by theRespondent No.1, (3) a copy of the Form-S issued by the DesignatedAuthority/Respondent No.2, and (4) a copy of order dated August 13, 2020 droppingthe reassessment [proceedings ]against the Petitioner. Counsel for the Petitioner: SRI NISHANTH THAKUR ADVOCATE APPEARING FORSRI. ROHIT POGULA Counsel for the Respondents: Ms. K. MAMATA, The Court made the following: ORDER HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAOANDHONOI-IRABLE SRI JUSTICE T.AMARNATH GOUD \,ry.RIT PETITION NO..I5285 OF 20l8 ORDER: lPer Sri Justice M.S.Ramachqndra Rao) Heard Sri Nishanth Thakur, leamed counsel appearing for SriRohit Pogula, leamed counsel for the petitioner and Ms. K.Mamata,Rohit Pogula, leamed counsel for the petitioner and Ms. K.Mamata,leamed counsel for the respondents. 2. Having regard to the letters dt.01.07.2020 and 13.08.2020 issuedby the Joint Commissioner of Income Tax (OSD), InternationalTaxation-2, Hyderabad, the learned counsel fol the petitioner seeks towithdraw 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. SD/-B,SATYAVATHIASSISTANT REG'STRARsecrtoMrrtcrn /iTRUE COPY// Heard Sri Nishanth Thakur, leamed counsel appearing for SriRohit Pogula, leamed counsel for the petitioner and Ms. K.Mamata,Rohit Pogula, leamed counsel for the petitioner and Ms. K.Mamata,leamed counsel for the respondents. 2. Having regard to the letters dt.01.07.2020 and 13.08.2020 issuedby the Joint Commissioner of Income Tax (OSD), InternationalTaxation-2, Hyderabad, the learned counsel fol the petitioner seeks towithdraw 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. SD/-B,SATYAVATHIASSISTANT REG'STRARsecrtoMrrtcrn /iTRUE COPY// To,1. One CC to [Sri Rohit Pogula Advocate ] ]i. 6;;6d i; [N/; ][x. ][Mama-ta, ][Advocate ][[oPUc]] 3. Two CD Copies CHR HIGH COURT DATED:0910912020 ORDER W.P.No.45285 of 2018 DISMISSING THE WRIT PETITIONAS WITHDRAWNWITHOUT COSTS IWDr 1tr [ 16r](eo,16 SEPzUCo.t1*i,ATC,