Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
Interest merged into a decree and payable in execution retains the character of a judgment debt, so the judgment debtor cannot deduct tax at source from the decretal interest unless the decree itself authorises such deduction. The court applied the principle that a decree must be executed as it stands, subject only to adjustments permitted under the Civil Procedure Code, and held that section 195 did not extend to a decretal debt. The deduction already made toward TDS was therefore upheld, and the challenge failed.
Interest merged into a decree and payable in execution retains the character of a judgment debt, so the judgment debtor cannot deduct tax at source from the decretal interest unless the decree itself authorises such deduction. The court applied the principle that a decree must be executed as it stands, subject only to adjustments permitted under the Civil Procedure Code, and held that section 195 did not extend to a decretal debt. The deduction already made toward TDS was therefore upheld, and the challenge failed.
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