J. B. PARDIWALA, NISHA M. THAKORE
Oriental Insurance Co. Ltd. – Appellant
Versus
Chief Commissioner of Income Tax (TDS) – Respondent
JUDGMENT :
(J.B. Pardiwala, J.)
1. By this writ application under Article 226 of the Constitution of India, the writ applicant – an Insurance Company has prayed for the following reliefs:
(B) Your Lordships be pleased to issue an appropriate writ/direction/order to quash and set aside the order at ANNEXURE A issued by the respondent and thereby allow waiver of interest charged u/s 201(1A) of the INCOME TAX ACT , 1961.
(C) Your Lordships be pleased to as an ad-interim ex-parte relief to stay the impugned order at Annexure A.
(D) Your Lordships may be pleased to quash and set aside any penalty/interest that may be levied by the Income Tax Department pursuant to the Annexure A order.
(E) Your Lordships may be pleased to lay down a fixed procedure to deal with the TDS issue in the MACP cases across the state.
(F) Your Lordships be pleased to pass such other and further orders may be deemed just and proper looking to the facts and circumstances of the case and in the interest of the justice.”
2. The facts giving rise to this writ application may be summarized as under:
3. The writ applicant before us is an Insurance Company. O
Rama Bai vs. CIT (1990) 181 ITR 400 (SC)
New India Assurance Co. Limited vs. Bhoyabhai Haribhai Bharvad reported in 2017 ACJ 1727
Rani Amrit Kunwar Vs. Commissioner of Income Tax
Raghuvanshi Mills Ltd., Bombay Vs. Commissioner of Income- Tax, Bombay City
Raja Bahadur Kamakshya Narain Singh of Ramgarh Vs. Commissioner of Income-Tax, Bihar and Orissa
Navinchandra Mafatlal, Bombay Vs. Commissioner of Income Tax, Bombay City
The Commissioner of Income-Tax, Hyderabad, Deccan Vs. M/s Vazir Sultan and sons
Navnit Lal C. Javeri Vs. K. K.Sen AIR 1965 SC 1375
Senairam Doongarmall Vs. Commissioner of Income-Tax, Assam
Gobald Motor Service Ltd. and another Vs. R. M. K. Veluswami and others
Central Bank of India Vs. Ravindra and others
Commissioner of Income-Tax Vs. Ghanshyam (HUF)
Padmaraje R. Kadambande vs. CIT
Polestar Electronic (Pvt.) Ltd. Vs. Addl. CST (1978) 41 STC 409
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