2009 (7) TMI 507

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....cting as the nodal agency of the State for developing the basic infrastructure in the State of Bihar. It is accepted to be a facilitator in public private partnership projects. 3. Annexure 1 to the writ petition is not in dispute and it shows that a Certificate No. 131 dated March 31, 2008 under section 197(1) of the Income- tax Act, 1961, was issued by the Assistant Commissioner of Income-tax, Circle I, Patna. It was valid for the financial year 2007-08 till March 31, 2008. The amount of interest over fixed deposit receipts shown to be Rs.13, 30, 73, 205 payable by the branch manager, UCO Bank, Exhibition Road Branch, Patna, was the subject-matter of the certificate. The prayer of the petitioner made to the competent authority under sec....

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....ataka Urban Infrastructure Development and Finance Corporation [2006] 284 ITR 582. 6. Learned counsel appearing on behalf of the Commissioner and other concerned authorities of the Income-tax Department has submitted that the matter relates to tax deduction at source and can be easily examined in detail in the course of assessment proceedings and hence the issue raised on behalf of the petitioner need not be decided by this court at the present stage. On the other hand, learned counsel for the petitioner submits that the impugned orders are without any authority of law and amount to taxing State Government money against the provisions of the Constitution and ignoring the past practice of the authorities themselves. It has further been su....