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2006 (8) TMI 540 - HC - VAT and Sales Tax
Issues:
1. Challenge to deduction of tax at source under section 27 of the Assam General Sales Tax Act, 1993 by respondent No. 3. 2. Claim that respondent No. 3 is not entitled to make deductions under section 27(1)(a) as it is not a company under the control of the Government. 3. Dispute regarding privity of contract and transfer of property in sub-contract work awarded by respondent No. 3. Analysis: 1. The petitioner challenged the deduction of tax at source by respondent No. 3 under section 27 of the Assam General Sales Tax Act, 1993. An interim direction was issued restraining respondent No. 3 from deducting any tax at source and withholding payment. The petitioner argued that respondent No. 3, a public limited company under the Companies Act, 1956, was not entitled to make such deductions. As no affidavit-in-opposition was filed, this contention remained uncontroverted. 2. The petitioner further contended that as the contract was awarded by Indian Oil Corporation Ltd. (respondent No. 4) to respondent No. 3, and tax was already collected or deducted by respondent No. 4, respondent No. 3 had no right to deduct tax at source from the petitioner. The absence of privity of contract between respondent No. 3 and the petitioner, along with no transfer of property in the sub-contract, was highlighted. Reference was made to a previous court case for relevant observations. 3. The court found that respondent No. 3 was not entitled to deduct tax at source from the petitioner. Consequently, the writ petition was allowed, and the interim direction from March 23, 2001, was upheld. Additionally, the petitioner's request for the release of the amount held by respondent No. 3 was granted as per the court's order. The judgment closed the matter in line with the interim direction issued. This detailed analysis covers the issues raised in the legal judgment, highlighting the arguments presented by the petitioner and the court's findings on each issue, ultimately leading to the decision in favor of the petitioner.
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