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2016 (6) TMI 1422

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..... - respective tax was recovered from the salary of the respondent by his employer and the respondent/assessee was also issued Form 16 by the employer on 25.4.2010 certifying the further deduction and remittance towards tax - HELD THAT:- Writ Appeal is allowed. The appellants are directed to refund the amount to the assessee/respondent with interest payable as per the provisions of the Act within a .....

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..... Infosys Technology Ltd., Chennai and an assessee on the file of the second respondent. Based on the demand raised by the Assistant Commissioner of Income tax, TDS, Bangalore on 7.10.1999, for the failure to deduct tax at source in respect of perquisite value of stock options allotted to its employees who were covered by the Employees Stock Option, otherwise, known as ESOP scheme of the company, t .....

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..... 9. Challenging the said proceedings, the respondent filed W.P.No.20525 of 2010 before the Writ Court and the same was allowed by the Writ Court by order dated 15.9.2010. Aggrieved against this order, the present Writ Appeal has been filed by the revenue. 3. The revenue preferred a batch of Writ Appeals, viz., W.A.Nos.1542 and 2161 of 2010 etc., batch, against the orders passed in several Writ P .....

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..... e and following the aforesaid decision of this Court in a batch of Writ Appeals, viz., W.A. Nos. 1542 and 2161 of 2010 etc., batch, this Court is not inclined to interfere with the order of the Writ Court dated 15.9.2010 passed in W.P. No. 20525 of 2010 and the same is confirmed. The Writ Appeal is allowed. The appellants are directed to refund the amount to the assessee/respondent with interest p .....

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