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Consult Construction

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  • SC admits Revenue’s appeal against HC order directing Revenue to grant refund of 50% of total tax deposited (actual tax plus TDS) by assessee as per Clause 4.2.15 of Madhya Pradesh Udyog Nivesh Samvardhan Sahayata Yojana, 2004 (Scheme of 2004);
  • HC had rejected Revenue’s contention that, input tax is not deposited by the purchaser at the time of issuance of TDS certificate but at the time of sale of such goods, therefore the benefit of Clause 4.2.15 is not available; HC remarked that Section 26A which provides for TDS have been brought in statute w.e.f. December 24, 2007, and since then, a liberty has been granted to purchaser to deduct TDS from sellers;
  • Therefore, stating that, deeming provisions of deposit of tax has been introduced, as per Section 26-A (3) as well as Rule 45A (9), and considering same, benefit has been granted earlier to assessee as well as similarly situated manufacturers;
  • Thus, HC allowed writ petition holding it to be a case of hostile discrimination
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We are Ahmedabad based professional consulting firm. We are providing various services to Construction, Real Estate and Project Companies in various areas like Indirect Taxation – Service Tax & Multi state VAT consultancy, ERP implementation, Site & Management audit, Designing Tender & other related contractual documents etc.