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        Case ID :
        Indian Laws

        HC, in execution of an arbitral award and additional award, held...

        Arbitral award execution: no TDS can be deducted from decretal sums; erroneous deduction refundable, but no interest granted

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC, in execution of an arbitral award and additional award, held that no TDS is deductible at source from sums payable under a decree or arbitral award absent express statutory authorization. The Award Debtor's deduction of TDS while releasing the decretal amount was found erroneous, and HC directed refund of the deducted sums to the Award Holder. However, HC rejected the Award Holder's claim for interest on the TDS component, terming the deduction a bona fide procedural error and holding that imposing interest would be inequitable. Award Debtor may seek recovery/refund from tax authorities. Execution petition was disposed of.
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