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TDS cannot be deducted by the respondent on amounts awarded in favor of the petitioner, a non-resident individual, by an arbitral award under execution. The High Court held that once an amount stands awarded in an arbitral award, it acquires the character of a judgment debt and cannot be subjected to TDS deduction, following Supreme Court precedent in All India Reporter and High Court decisions in Voith Hydro Ltd and Glencore International. The omnibus restraint on deducting TDS in Prateek Infra Projects India Pvt Ltd v. Nidhi Mittal does not amount to a declaration that TDS is deductible on compensation payable to a builder.
TDS cannot be deducted by the respondent on amounts awarded in favor of the petitioner, a non-resident individual, by an arbitral award under execution. The High Court held that once an amount stands awarded in an arbitral award, it acquires the character of a judgment debt and cannot be subjected to TDS deduction, following Supreme Court precedent in All India Reporter and High Court decisions in Voith Hydro Ltd and Glencore International. The omnibus restraint on deducting TDS in Prateek Infra Projects India Pvt Ltd v. Nidhi Mittal does not amount to a declaration that TDS is deductible on compensation payable to a builder.
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