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2016 (4) TMI 762 - PUNJAB & HARYANA HIGH COURT

2016 (4) TMI 762 - PUNJAB & HARYANA HIGH COURT - TMI - Seeking direction for respondents to refund the excess TDS - Engaged in construction business and undertakes execution of works, contracts for different persons including Public Sector Undertaking, State and Central Government Departments - Petitioner requested for issue of certificate of no deduction but to no effect, but no response has been received till date - Held that:- petition is disposed of by directing respondent No.3 to take a dec .....

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the nature of mandamus directing the respondents to issue the certificate of no deduction and for restraining from initiating any action on various clients of the petitioner for not effecting TDS in view of the judgment dated 26.10.2010 (Annexure P-2) passed by this Court. Further, a writ of mandamus has been sought directing the respondents to refund the excess TDS. 2. The petitioner is engaged in construction business and undertakes execution of works, contracts for different persons including .....

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v. State of Haryana and others) decided on 26.10.2010 (Annexure P-2) wherein validity of statutory provisions of sales tax law in Punjab and Haryana for deduction of tax at source out of payment made to contractors for execution of works contracts involving transfer of property in goods at specified rate was challenged, had held Section 27 of the Act and Section 24 of the Haryana Value Added Tax Act, 2003 as ultra vires as it did not provide any mechanism for the exclusion of labour component or .....

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