Saturday, 25 February 2017

SC : Admits SLP against HC order including TDS as part of 'tax-paid' for refund

SC admits Revenue’s appeal against HC order directing Revenue to grant refund of 50% of total tax deposited (actual tax plus TDS) by assessee as per Clause 4.2.15 of Madhya Pradesh Udhyog Nivesh Samvardhan Sahayata Yojna, 2004 (Scheme of 2004); HC had rejected Revenue’s contention that, input tax is not deposited by purchaser at time of issuance of TDS certificate but at time of sale of such goods, therefore benefit of Clause 4.2.15 is not available; HC remarked that, Section 26A which provides for TDS have been brought in statute w.e.f. December 24, 2007 and since then, a liberty has been granted to purchaser to deduct TDS from sellers; Therefore, stating that, deeming provisions of deposit of tax has been introduced, as per Section 26-A (3) as well as Rule 45A (9), and considering same, benefit has been granted earlier to assessee as well as similarly situated manufacturers; Thus, HC allowed writ petition holding it to be a case of hostile discrimination : SC

No comments: