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TMI Blog2019 (3) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... dhani i/by Nishit Desai Associates for the Applicant Mr. Tejinder Singh for the Respondents P.C.: 1. This application is filed for granting interim relief pending Writ Petition. Main prayer of the applicant - original petitioner is as under:- "a. That pending the hearing and final disposal of the Writ Petition, this Hon'ble Court be pleased to grant an injunction restraining the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 201(1A) of the Act. The petitioner has, therefore, filed this Civil Application seeking stay against such proceedings. 4. Learned counsel for the petitioner submitted that the petitioner is US based company. Its shareholders are also individuals and institutions situated outside India. The question of deducting tax at source while making payment to such shareholders for extinguishing the shares ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trospective effect from 1.4.1962. He submitted that in view of this amendment, the decision of the Supreme Court in the case of Vodafone International Holdings BV Vs. Union of India (2012) 6 SCC 613 would have no applicability. He submitted that the AAR has undertaken a detail analysis of the statutory provisions and relevant decisions and given the decision which calls for no interference. He fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rement if ultimately so arises. Pending the petition, allowing the department to proceed further with the hearing of show cause notices under Sections 201(1) and 201(1A) of the Act, would lead to multiplicity of the proceedings. In order to avoid this and also in order to protect the interest of the Revenue, the Civil Application is disposed of with following directions:- i. Pending the Wr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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