Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
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HC, in execution of an arbitral award and additional award, held that no TDS is deductible at source from sums payable under a decree or arbitral award absent express statutory authorization. The Award Debtor's deduction of TDS while releasing the decretal amount was found erroneous, and HC directed refund of the deducted sums to the Award Holder. However, HC rejected the Award Holder's claim for interest on the TDS component, terming the deduction a bona fide procedural error and holding that imposing interest would be inequitable. Award Debtor may seek recovery/refund from tax authorities. Execution petition was disposed of.
HC, in execution of an arbitral award and additional award, held that no TDS is deductible at source from sums payable under a decree or arbitral award absent express statutory authorization. The Award Debtor's deduction of TDS while releasing the decretal amount was found erroneous, and HC directed refund of the deducted sums to the Award Holder. However, HC rejected the Award Holder's claim for interest on the TDS component, terming the deduction a bona fide procedural error and holding that imposing interest would be inequitable. Award Debtor may seek recovery/refund from tax authorities. Execution petition was disposed of.
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