High CourtsDivision Bench(2009) 03 BOM CK 0127

E*Trade Mauritius Ltd. vs The Asstt. Director of Income Tax (International Taxation) and Others

Bombay High Court · Decided on 23 March 2009

HON’BLE JUDGES
Ranjana Desai, J · J.P. Devadhar, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 2134 of 2008

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Judgment

5 paragraphs · 203 words
1.

The office has placed this matter before us for direction. Pursuant to the order dated 26th September, 2008 passed by the Division Bench of this Court to which one of us (J.P. Devadhar, J.) is a party, respondent No. 4 was directed to deposit an amount of Rs. 24,50,00,000/- (Rupees twenty four crores fifty lakhs only). Accordingly, the amount has been deposited in the Court. Pursuant to the order passed by the revisional authority, the income tax authorities are entitled to an amount of Rs. 24,31,05,710/- Rupees Twenty four crores thirty one lakhs five thousand and seven hundred & ten only). The balance amount of Rs. 18,94,290/- (Rupees eighteen lakhs ninety four thousand and two hundred & ninety only) out of the amount deposited in this Court must go to the petitioner.

2.

The Prothonotory & Senior Master is, therefore, directed to pay the amount as mentioned hereinabove to the Income Tax Department and to the petitioner and also the proportionate interest accrued thereon.

3.

Respondent No. 4 is also directed to issue the TDS certificate to the petitioner.

4.

The application is disposed of accordingly in the above terms.

5.

All concerned to act on the authenticated copy of this order.