RITWICK DUTTA vs. DY. COMMISSIONER OFINCOME TAX, CENTRAL CIRCLE 14, DELHI & ORS.
What did the High Court hold?
The High Court of Delhi, comprising Hon'ble Mr. Justice Yashwant Varma and Hon'ble Mr. Justice Ravinder Dudeja, considered the prayer made by the learned counsel for the writ petitioner. The petitioner's counsel sought liberty to withdraw the writ petitions, with all rights and contentions being kept open. The Court accepted this prayer. Consequently, the writ petitions were dismissed as withdrawn, with the liberty as prayed for by the petitioner being granted. No decision on the substantive issues of the writ petitions was made, as the matter was disposed of on the petitioner's request for withdrawal.
What were the facts?
The matter involves two writ petitions, W.P.(C) 8052/2023 and W.P.(C) 8359/2023, filed by the petitioner, Ritwick Dutta, against the Dy. Commissioner of Income Tax, Central Circle 14, Delhi, and others. The petitions were filed before the High Court of Delhi. The procedural history includes applications for stay and vacation of stay. The petitioner was represented by Mr. Sachit Jolly and a team of advocates, while the respondents were represented by Mr. Zoheb Hossain, Spl. Counsel, and other Standing Counsel and Junior Standing Counsel.
What were the issues?
1. Whether the writ petitions should be dismissed as withdrawn with liberty to the petitioner to pursue other remedies, as prayed for by the petitioner's counsel. Assessee's Contention: The petitioner, through their counsel, prayed for liberty to withdraw the writ petitions. No specific arguments on the merits of the case were recorded as the prayer was for withdrawal. Revenue's Contention: The revenue's counsel was present and participated in the proceedings. No specific arguments on the merits of the case were recorded as the prayer was for withdrawal.
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Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
$~77 & 78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8052/2023 & CM APPL. 31001/2023 (Stay), 58339/2023 (Vacation Of Stay)
RITWICK DUTTA
.....Petitioner Through: Mr. Sachit Jolly, Ms. Mansha Anand, Mr. Aditya Rathore, Ms. Menita Khanna, Mr. Abhudaya Shankar Bajpai & Ms. A. Reyna Shruti, Advs.
versus
DY. COMMISSIONER OFINCOME TAX, CENTRAL CIRCLE 14, DELHI & ORS.
.....Respondent Through: Mr. Zoheb Hossain, Spl. Counsel, Mr. Vipul Agrawal, Mr. Indruj Singh Rai, SSCs with Mr. Sanjeev Menon, Mr. Gibran Naushad & Ms. Sakashi Shairwal, JSCs. 78 + W.P.(C) 8359/2023 & CM APPL. 31979/2023 (Stay), 60236/2023 (Vacation Of Stay) & 60428/2023 (Direction)
RITWICK DUTTA
.....Petitioner Through: Mr. Sachit Jolly, Ms. Mansha Anand, Mr. Aditya Rathore, Ms. Menita Khanna, Mr. Abhudaya Shankar Bajpai & Ms. A. Reyna Shruti, Advs.
versus
DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 14 & ORS.
.....Respondents Through: Mr. Zoheb Hossain, Spl. Counsel, Mr. Vipul Agrawal, Mr. Indruj Singh Rai, SSCs with Mr. Sanjeev Menon, Mr. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 11:40:04
Gibran Naushad & Ms. Sakashi Shairwal, JSCs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R %
12.08.2024
Mr. Jolly, learned counsel for the writ petitioner prays for liberty to withdraw the writ petitions subject to all rights and contentions being kept open.
We accordingly dismiss these writ petitions as withdrawn with liberty as prayed for.
YASHWANT VARMA, J.
RAVINDER DUDEJA, J. AUGUST 12, 2024/kk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 11:40:04
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