2017 (11) TMI 804

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....H REDDY AND MR. VIPUL M. PANCHOLI, JJ. For The Applicant : Mr Mihir Thakore, Senioir Advocate For Mr Premal S Rachh, Advocate For The Respondent : Mr Pratik Khubchandani For Mr Dhaval D Vyas, Advocate ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY) 1. This Civil Application is filed with the prayers, which read as under: "(A) YOUR LORDSHIPS be pleased to....

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....nd equity; (C) YOUR LORDSHIPS be pleased to direct respondent authorities not to take any coercive action against the applicant as mentioned in communication dtd.10.11.2017 addressed by respondent no.3 and to accept the TDS Certificate in the name of applicant company, pending, admission, hearing and final disposal of the present Civil Application, in the interest of justice and equity, ....

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....unt, the applicant submitted Pay Order dated 9.11.2017 for an amount of Rs. 2.00 crores, after deducting an amount of Rs. 50.00 lakhs towards TDS, as required under the Income Tax Act, 1961 along with communication dated 9.11.2017, wherein it is stated by the applicant that TDS amount so deducted would be deposited in the Government Treasury, which will be credited to the account of the respondent....

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.... such, TDS Certificate cannot be issued in the name of transferor company i.e. M/s Kesar Enterprise Limited. 6. On instructions, it is submitted by learned counsel, Mr. Pratik Khubchandani appearing for Mr. D.D.Vyas for the respondents that he has instructions that they are prepared to accept the TDS Certificate in the name of the applicant company, without prejudice to the rights of the partie....