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    <title>2015 (1) TMI 568 - GUJARAT HIGH COURT</title>
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    <description>The Special Court Act, as a special statute with overriding effect, governed payments made to the Custodian, and the assessee could not be treated as in default for not deducting tax at source where the Special Court had directed payment without TDS and that position was affirmed in substance by the Supreme Court. The Tribunal erred in holding that the Special Court order operated only from the later Supreme Court order; the protective scheme applied from the date the Special Court Act came into force. The contention that tax deducted at source constituted department income, and reliance on sections 198 and 199, did not alter the result because the assessee was restrained by the Special Court&#039;s directions. The contrary findings were unsustainable.</description>
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    <pubDate>Tue, 16 Dec 2014 00:00:00 +0530</pubDate>
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      <title>2015 (1) TMI 568 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=255369</link>
      <description>The Special Court Act, as a special statute with overriding effect, governed payments made to the Custodian, and the assessee could not be treated as in default for not deducting tax at source where the Special Court had directed payment without TDS and that position was affirmed in substance by the Supreme Court. The Tribunal erred in holding that the Special Court order operated only from the later Supreme Court order; the protective scheme applied from the date the Special Court Act came into force. The contention that tax deducted at source constituted department income, and reliance on sections 198 and 199, did not alter the result because the assessee was restrained by the Special Court&#039;s directions. The contrary findings were unsustainable.</description>
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      <pubDate>Tue, 16 Dec 2014 00:00:00 +0530</pubDate>
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