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TMI Blog2024 (10) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... a Bhatt For the Opposite Party : Neerav Chitravanshi,Kushagra Dikshit ORDER HON'BLE ABDUL MOIN, J. Heard Sri R.S.Pandey, learned Senior Advocate assisted by Sri Virendra Bhatt, learned counsel for the applicants and Sri Neerav Chitravanshi, Advocate along with Sri Kushagra Dikshit, learned counsel for all the respondents. Under challenge is the summoning order dated 12.07.2024 passed in C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment of India, a copy of which is annexure 8 to the application to contend that in terms of Clause 2(1) of the said circular failure to pay tax to the credit of the central Government where the non payment of tax deducted at source is Rs. 25 Lakhs or below and the delay in deposit is less than 60 days from the due date, the said case shall not be processed for prosecution in normal circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Neerav Chitravanshi, learned counsel appearing on behalf of all the respondents has placed reliance on the judgment of the Apex Court in the case of Madhumilan Syntex Ltd Vs. Union of India- (2007) 160 Taxman 71 (SC) to argue that the Apex Court has held that once the statute requires to pay tax and stipulate period within which the payment is to be made, the payment must be paid within that perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcular would be applicable in normal circumstances but the applicants herein are habitual defaulter who have repeatedly delayed payment of the TDS amount within the time stipulated. At this stage, Sri R.S.Pandey, learned Senior Advocate appearing on behalf of the applicants states that the instant application may be disposed of with liberty to the applicants to raise the aforesaid argument before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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