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2005 (1) TMI 52 - HC - Income TaxInsurance company - obligation to deduct tax at source – petitions for quashing the recovery notice issued under section 226(3) to the banker of the petitioner-company with which the accounts of the petitioner are maintained - petitioner was under an obligation to deduct tax at source on payment of interest in terms of sub-section (1) of section 194A - submission on the same on behalf of the petitioner that the petitioner was not obliged to deduct tax at source on the payment of amount by way of interest does not merit consideration. Whether the non-deduction also warranted levy of penalty or the circumstances did not call for levy of penalty is a question which is sought to be agitated by the petitioner before the appellate authority. There is neither any need nor the occasion to examine this aspect by the court in this writ petition - No occasion to interfere particularly for quashing recovery notice under section 226(3) when the subject matter is not before this court nor can be agitated before this court in these writ petitions – petition dismissed
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