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Case Law Details

Case Name : BDR Finvest Pvt Ltd Vs DCIT (Delhi High Court)
Appeal Number : W.P.(C) 9043/2021 & CM No.55881/2023
Date of Judgement/Order : 31/10/2023
Related Assessment Year :
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BDR Finvest Pvt Ltd Vs DCIT (Delhi High Court)

Delhi High Court held that initiation of recovery proceedings against deductee as deductor failed to deposit tax with Government and deductor is undergoing CIRP is unjustified and unsustainable in law.

Facts-

Via the rectification application, the petitioner sought to stake a claim with respect to the tax which had been deducted at source on the interest paid by its borrower, namely, Ninex Developers Ltd. This application was dismissed via impugned order.

The petitioner, however, did not carry the matter any further by way of an appeal and instead through the accompanying writ petition has sought a direction for being given credit Rs.29,16,674/- qua the tax deducted at source by Ninex.

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