2010 (1) TMI 1200

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....arties have settled the dispute. A query, however, is raised by the Counsel appearing on behalf of defendants regarding deduction of TDS on the interest component of the decree. Apprehension is expressed by the learned Counsel appearing on behalf of defendants that under the provisions of section 194A of the Income-tax Act, on the interest component which is payable, tax has to be deducted at sour....

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....Apex Court in Lt. Col. K.D. Gupta v. Union of India [1990] 181 ITR 530. Both the Counsel also relied upon the judgment of this Court in Islamic Investment Co. v. Union of India 2002(3) Mh.L.J. 555. Counsel appearing on behalf of defendants invited my attention to paragraph 15 of the said judgment and submitted that the learned Single Judge had granted liberty to the decree holder to apply and get ....

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....rce. Contempt Proceedings, therefore, were initiated. The Apex Court held that no contempt of court was committed since intention of the payer was not mala fide. The Apex Court, however, observed that the tax due left, was to be decided by the Income-tax Officer. Therefore, in my view, once a decree is passed, it is a judgment and order of the court which culminates into final decree being passed ....