deposited to the Central Government by Avendus PE Investment Advisors Private Limited (APEIAPL), down-line subsidiary company of Petitioner/ Transferor Company for which Form No.16A was issued by Avendus PE Investment Advisors Private Limited (APEIAPL), down-line subsidiary company of Petitioner/ Transferor Company in favour of Deloitte Haskin & Sells. The Petitioner/Transferor Company has not carried out any business activities except as disclosed in the Audited Financials and there were no employee/ vendors except Statutory Auditors since year of incorporation to till date. Further the requirement of obtaining TAN (Tax Deduction Account Number) is on the entity/person making the payment of tax and who is liable to deduct tax, therefore in the instant case, Avendus PE Investment Advisors Private Limited (APEIAPL), down-line subsidiary company of Petitioner/ Transferor Company has deducted and deposited the required TDS amount on the aforesaid payment made to Statutory Auditors, on behalf of the Petitioner / Transferor Company, to the Central Government. Hence Petitioner/ Transferor Company has not obtained TAN (Tax Deduction Account Number). Thus in view of the above, the observation made by the Official Liquidator that the Petitioner / Transferor Company has not obtained TAN (Tax Deduction Account Number) and defaulted under the provisions of Income Tax Act, 1961 need not be taken cognizance of.
