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Madras High CourtA/5730/2016allowed

R.Shanmugam v. Vyasarpadi Vinayagar Mudaliar

2016-11-07Honourable Mr Justice M. Sundar2 pages

A.No.5730 of 2016, A.No.2943 of 2016 and A.No.726 of 2014 in C.S.No.137 of 1928 M.SUNDAR.J., This application has been taken out by a third party purchaser who has purchased a property from the trustee pursuant to orders of this Court dated 05.06.2014. The tax deduction at source with regard to income tax has been paid by the vendee who is applicant herein. As it is the liability of the vendor, this application has now been taken out with a prayer for refunding a sum of Rs.2,35,950/- (Two lakhs thirty five thousand nine hundred and fifty only) which has been paid towards tax deduction. Learned counsel for the respondent fairly submits that he is not seriously opposing this prayer and his only request is that the applicant/third party may be directed to purchase the relevant forms in the/appropriate forms with regard to TDS.

This application is allowed with a direction to the applicant/third party to furnish the respondent all the requisite income tax and certificates forms within four weeks from today. Perused affidavit and heard submissions. No serious or tenable objection. Application allowed on above terms.

Necessary income tax certificates in the appropriate forms to be furnished to the respondent within two weeks and refund to be made within a week there from. Call the matter on 10.11.2016.

07.11.2016 dpq

M.SUNDAR.J., dpq A.No.5730 of 2016, A.No.2943 of 2016 and A.No.726 of 2014 in C.S.No.137 of 1928 07.11.2016 http://www.judis.nic.in