9911796707
TMI Blog2024 (11) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... 10 issued by the 4th respondent - HELD THAT:- There is no dispute on the position that the issue raised in these writ petitions is identical to the one considered [ 2019 (9) TMI 1118 - MADRAS HIGH COURT] in W.P.No.8101 of 2011 by order dated 06.09.2019 and hence the contents of that order may be read as part and parcel of the present order as well. The liberty granted at paragraph 7 as in that matter is extended to the present petitioners herein as well. Petitioner states that the petitioner will make requests before the authorities for determination of the rate of tax deduction, if any, within four weeks from the date of receipt of this order and they are permitted to do so. Upon receipt of the requests, the petitioners shall be heard and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the prayer is for a Declaration that the Explanation to Section 17 (2) (ii)(c) of the Income Tax Act 1961 and para 2 of Circular bearing Ref.FD/HOAT/CIR dated 02.03.2011 read with Circular bearing reference FD/01/2010 dated 06.01.2010 issued by the 4th respondent, are unconstitutional\ultra vires the Income Tax Act and therefore null and void. 3.One of us (DR. ANITA SUMANTH,J.) in W.P.No.8101 of 2011 has had occasion to consider a similar issue raised by the Indian Overseas Bank Employees' Union (All India, Indian Overseas Bank Employees' Union Vs. The Union of India and two others). The prayer in that matter was for a Declaration that deduction of tax from out of that portion of the salary arrears which is appropriated for its tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed a contribution from the employees out of their salary arrears amounting, in toto, to a sum of Rs. 1800 crores out of the aforesaid Rs. 6000 crores of shortfall. The arrears had been computed post a revision of wage negotiated and settled between the associations. It was agreed that 2.8 times of pay should be withheld from the arrears payable to all the employees who had exercised the second option. Tax had been deducted at source in terms of the Income Tax Act, 1961, under an instruction issued by the Bank. 4. According to the petitioner, the amount of pension granted was taxable in the respective year of payment. Thus taxing the same again would constitute double taxation. 5. I am of the considered view that it is not appropriate for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances under which, an application may be made for the grant of a certificate under sub-section (1) and the conditions subject to which such certificate may be granted and providing for all other matters connected therewith. 7. In the light of the above statutory provision, it is appropriate that the petitioner make its plea for nil/lower deduction for consideration by the appropriate Authorities. Learned counsel for the petitioner on its behalf states that it will file its request before the authorities within two weeks. It is permitted to do so. Such request, if made before the Authorities concerned, within two weeks from today will be considered after hearing the petitioner union and decided in accordance with law within a period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liberty granted at paragraph 7 as in that matter is extended to the present petitioners herein as well. Learned counsel for the petitioner states that the petitioner will make requests before the authorities for determination of the rate of tax deduction, if any, within four weeks from the date of receipt of this order and they are permitted to do so. Upon receipt of the requests, the petitioners shall be heard and their representations will be decided in accordance with law within a period of six weeks from the date of receipt of the representations. 6.Since in the present matter as well, there is an interim injunction which is presently in force, the injunction shall continue till 15th April 2025 or disposal of the representations whiche ..... X X X X Extracts X X X X X X X X Extracts X X X X
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