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
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