MI STEEL PROCESSING INDIA PVT. LTD. Vs. THE ASSISTANT COMMISSIONER (CT), KANCHEEPURAM ASSESSMENT CIRCLE AND ORS.

JUDGEMENT

(1.) This Writ Appeal has been filed challenging the order passed by the learned Single Judge in W.P. No.24425 of 2015 dated 12.10.2015.

(2.) The Writ Petition was filed seeking writ of certiorarified Mandamus (a) to call for the records relating to assessment order dated 22.12.2014 (passed by the first respondent) and the order dated 18.06.2015 passed by the second respondent and to quash the same as arbitrary and illegal (b) direct the first respondent to return the amount of Rs. 33,61,000/ - and (c) to release the Bank Guarantee furnished for Rs. 33,61,000/ -.

(3.) The appellant is engaged in the business of trading of steel coils and manufacturing of automative parts. The appellant is registered under Tamil Nadu Value Added Tax 2006 and Central Sales Tax Act 1956. The appellant awarded two contracts to M/s. Fujita Corporation for Rs. 32.01 and Rs. 1.60 crores respectively. Thereafter, M/s. Fujita Corporation applied for the grant of two certificates in "Form S" towards non deduction of TDS on the value of contracts for Rs. 32.01 and Rs. 1.60 crores respectively, obtained the same and produced before the appellant. Accordingly, the appellant did not deduct TDS on the said amount.