Calcutta High Court
M/S Heritage Health Tpa Pvt Ltd vs Deputy Commissioner Of Income Tax on 6 January, 2010
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 10 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S HERITAGE HEALTH TPA PVT LTD Plaintiff/Petitioner/Applicant
Versus
DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-57 & ORS Defendant/Respondent
For Petitioner : Mr.Vibas Singh, Sr.Advocate with Ms.A.Banerjee,Advocate. For Respondent: Mr.Farook M.Razack,learned Additional Solicitor General with Mr.R.N.Sinha,Advocate.
BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 6th January, 2010.
The Court : Affidavit of service filed in court today be kept with the records.
Heard the learned senior advocate appearing on behalf of the petitioner and the learned Additional Solicitor General for the respondents.
As prayed for, let affidavit-in-opposition to the writ petition be filed by 1st March, 2010. Reply thereto, if any, by 15th March, 2010.2
So far as the prayer for interim order is concerned, since I find from Page-285 of the writ petition that the petitioner has commenced deduction of tax at source in accordance with the provisions contained in Section 194J of the Income Tax Act, 1961 for all payments since 15th October, 2009, no interim order is passed with regard to current payments. So far as past payments are concerned since undertaking has been given by the learned Additional Solicitor General that no coercive action shall be taken, no order is passed. However, it is expected that the petitioner shall co-operate with the Income Tax authorities regarding production of documents to the extent it is available with them.
This order is passed without prejudice to the rights and contentions of the parties and subject to further order that may be passed.
Liberty to mention upon notice.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha AR(C.R.)