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2018 Supreme(Del) 135

SANJIV KHANNA, CHANDER SHEKHAR
INDO ARYA CENTRAL TRANSPORT LIMITED – Appellant
Versus
COMMISSIONER OF INCOME TAX (TDS), DELHI -1 – Respondent


Advocates Appeared:
For the Petitioners:Mr. Sachin Datta, Sr. Advocate with Mr. B.B. Gupta and Ms. Gaytri Verma, Advocates
For the Respondent: Mr. Zoheb Hossain Adv.

JUDGMENT :

SANJIV KHANNA, J.

M/s Indo Arya Central Transport Limited have filed the present writ petition praying for the following reliefs:-

"(a) Issue a writ of certiorari setting aside/quashing the impugned order dated 14.03.2017 passed by the Respondent No.1;

(b) Restrain the Respondent No.1 and the officers of the Respondents from carrying out any act in pursuance of the impugned order dated 14.03.2017 directing launching of criminal prosecution against the Petitioners; and,

(c) Direct the Respondents to release refunds due to the Petitioner No.1, amounting to approximately Rs.5,09,41,361/- (Rupees five crore, nine lac, forty one thousand, three hundred and sixty one only); and

(d) pass such other and/or further orders as this Hon’ble Court may deem fit and proper.”

2. Impugned order dated 14th March, 2017 passed by the first respondent namely the Commissioner of Income Tax (TDS) Delhi-1 is the sanction for prosecution issued under Section 279(1) of the Income Tax Act, 1961 (Act, for short).

3. Sanction records that during the financial year 2012-13 relevant to the Assessment Year 2013-14, amount of Rs.3,52,99,059/- was deducted by the petitioner company as tax at source (TDS), but wa







































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