ARAVIND KUMAR
Bangalore Turf Club Limited – Appellant
Versus
Union of India – Respondent
Petitioners in W.P.Nos.6565-6568/2013, 6651-6652/2013 and Petitioner in W.P.No.6674/2013 are Turf Clubs of Bangalore and Mysore and they have filed these writ petitions challenging the demand raised by the respective Income Tax Officers (TDS) who have issued notices to them as to why they have not deducted income tax while making payment of ‘stake money’ to the owners of the horses as required under the provisions of Chapter – XVII/Section 194B of the Income Tax Act, 1961 (hereinafter referred to as ‘Act’ for short) and as to why they should not to be treated as defaulters. The prayers sought for by the petitioners in W.P.Nos.6565-6568/2013 and 6651-6652/2013 are as under:
(1) quash the notices dated 20.01.2012 and 07.01.2013 issued by third respondent for the years 2006-07, 2007-08, 2008-09, 2009-10, 2010-11 and 2011-12 (Annexures-B B1, B2, B3) as being unconstitutional and ultra vires the provisions of Income Tax Act, 1961.
(2) Quash notices for the years 2006-07, 2007-08, 2008-09, 2009-10 upto 31.12.2009 (3rd quarter) as being barred by limitation (Annexures-B, B1, B2, B3).
(3) Declare that the Circulars issued by the 2nd respondent (Annexure-A) is binding on all authorities u
ICDS Versus CIT reported in (2013) 350 ITR 527 (SC)
DR.K.R.LAKSHMANAN Versus STATE OF TAMILL NADU reported in (1996)2 SCC 226
M/s Baburam Prakash Chandra Maheshwari Versus Antarim Zila Parishat
Whirlpool Corporation Versus Registrar of Trade Marks, Mumbai & Ors.
Harbanslal Sahnia & Anr. Versus Indian Oil Corporation Ltd., & Ors.
State of H.P & Ors., Versus Gujarat Ambuja Cement Ltd., & Anr.
Babu Ram’s case reported in AIR 1969 SC 556
Rashid Ahmed v. Municipal Board, Kairana
The State of Uttar Pradesh v. Mohammad Nooh, 1958 SCR 595, 605=(AIR 1958 SC 86
Carl Still G.m.b.H. v. State of Bihar
Bengal Immunity Co. Ltd. v. State of Bihar
K.S. Rashid and Son v. Income-tax Investigation Commission, AIR 1954 SC 207
Sangram Singh V. Election Tribunal, Kotah AIR 1955 SC 425
Union of India v. T.R. Varma AIR 1957 SC 882
State of U.P v. Mohammad Nooh AIR 1958 SC 86
K.S. Venkataraman and Co. (P) Ltd.
Harbanslal Sahnia V. Indian Oil Corporation Ltd. (2003) 2 SCC 107
P.V.RAJAGOPAL & OTHERS Versus UNION OF INDIA & OTHERS reported in (1998) 233 ITR 678
HYDERABAD INDUSTRIES Versus INCOME TAX OFFICER & ANOTHER reported in (1991) 188 ITR 749
Rex v. Inland Revenue Commissioners. (1981) 2 WLR 722
BANDHUA MUKTI MORCHA V. UNION OF INIDA & ORS; (1984) 3 SCC 161
K.P.VERGHESE Versus ITO reported in (1981)131 ITR 597
Navnit Lal C.Jeveri v. K.K. Sen (1965) 56 ITR 198
Deshbandhu Gupta & Co. v. Delhi Stock Exchange Association Ltd. (1979) 4 SCC 565; AIR 1979 SC 1049
STATE OF BOMBAY Versus HOSPITAL MAZDOOR SABHA (AIR 1960 SC 610)
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