The Tribunal set aside the ex-parte order treating the assessee as in default under Section 201(1) for non-deduction of TDS on ₹4.60 crore EDC paid to HUDA and the matter was remanded to the AO to verify whether HUDA had disclosed the income and paid tax.

The Supreme Court noted that the appellant suppressed the fact that it had already filed an NCLAT appeal when it approached the High Court, terming this conduct “clandestine” and an abuse of process.

The Supreme Court noted that the appellant suppressed the fact that it had already filed an NCLAT appeal when it approached the High Court, terming this conduct “clandestine” and an abuse of process.