Wpms/1615/2014 Of Baker Hughes Oilfield Operations v. Deputy Director Of Income Tax And Others

WPMS No. 1615 of 2014 Hon’ble Alok Singh, J. Mr. P.R. Mullick, Advocate for the petitioner. Mr. H.M. Bhatia, Advocate for respondents. Learned counsel for the petitioner submits that five appeals were pending disposal before ITAT involving identical questions of fact and law; out of 5 appeals, four appeals were allowed partly, however, it seems that due to oversight mistake, fifth appeal, basis of present writ petition, could not be decided. Learned counsel for the petitioner submits that petitioner was under the impression that appeal wherefrom present petition has arisen would have also been decided along with other four appeals, therefore, he sought permission to withdraw writ petition. Now, he seeks permission to file fresh writ petition in view of the fact that appeal, wherefrom present writ petition has arisen, has yet not been decided. For the reasons stated, delay condonation application no. 13734 of 2014 is allowed. Delay in moving the recall application is condoned. For the reasons stated, recall application no. 861 of 2014 is allowed. Order dated 14.07.2014 stands modified to the extent that writ petition is dismissed as withdrawn with liberty to file fresh with correct, complete and better particulars seeking appropriate relief. (Alok Singh, J.) 02.12.2014