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Kesar Terminals & Infrastructure Limited Versus Kandla Port Trust (Now Deendayal Port Trust) & 2

2017 (11) TMI 804 - GUJARAT HIGH COURT

Acceptance of TDS certificate in the name of company - as submitted by learned Senior Counsel, Mr. Mihir Thakore that under demerger, the applicant company is the resulting company in the place of the transferor company i.e. M/s Kesar Enterprise Limited and, a such, TDS Certificate cannot be issued in the name of transferor company i.e. M/s Kesar Enterprise Limited - Held that:- We dispose of this application, directing the respondents not to take any coercive action, as per communication dated .....

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: Mr Mihir Thakore, Senioir Advocate For Mr Premal S Rachh, Advocate For The Respondent : Mr Pratik Khubchandani For Mr Dhaval D Vyas, Advocate ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY) 1. This Civil Application is filed with the prayers, which read as under: (A) YOUR LORDSHIPS be pleased to quash and set aside the impugned action of the respondent authorities in addressing a communication dtd.10.11.2017 thereby requiring applicant to submit the TDS Certificate in the .....

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ate in the name of applicant company as the payment is made by the applicant company, in the interest of justice and equity; (C) YOUR LORDSHIPS be pleased to direct respondent authorities not to take any coercive action against the applicant as mentioned in communication dtd.10.11.2017 addressed by respondent no.3 and to accept the TDS Certificate in the name of applicant company, pending, admission, hearing and final disposal of the present Civil Application, in the interest of justice and equi .....

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the applicant vide Pay Order No.658000 dated 18.10.2017 along with communication dated 18.10.2017, wherein it is stated that no TDS is deducted from the deposited amount and same will be deducted from the final payment. It is the case of the applicant that in order to make payment of the balance amount, the applicant submitted Pay Order dated 9.11.2017 for an amount of ₹ 2.00 crores, after deducting an amount of ₹ 50.00 lakhs towards TDS, as required under the Income Tax Act, 1961 al .....

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