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2018 (2) TMI 1286 - HC - Income TaxCertificate issued u/s 197 - seeks to cancel/ modify the certificate on the ground that the outstanding demand of ₹ 41.86 Crores was not considered at the time of granting the certificate - Held that:- Impugned order dated 23rd October, 2017 has been issued with the concurrence of the Commissioner of Income Tax (TDS). Thus, in the above facts, there is no efficacious alternative remedy available as held by us on similar facts in our order dated 16/25th January, 2018 in M/s. Tata Teleservices (Maharashtra) Limited (2018 (2) TMI 192 - BOMBAY HIGH COURT). In this case, as in Tata Teleservices (Maharashtra) Limited (supra), an order canceling a certificate issued under Section 197 of the Act, was passed on the ground that the aspect of pending demand has not been considered in the context of Rule 28AA of the Income Tax Rules, 1961 while granting the certificate under Section 197 of the Act. This, without furnishing a copy of the reasons recorded at the time of issuing the certificate under Section 197 of the Act. This non furnishing of copy of the reasons recorded was held by us to be a flaw in the decision making process. Thus, making the impugned order unsustainable. Impugned order passed by Respondent No.2, which sets aside and/or withdraws / modifies the earlier certificate issued under Section 197 of the Act, is quashed and set aside.
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