TaxTMI 
TaxTMI 
2006 (1) TMI 624
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....is Court pursuant to an award which has been made a rule of the Court by virtue of the order dated 27.01.2003. It is admitted by the parties that as on 19.1.2006 the amount of the decree along with interest at 10% w.e.f 20.8.1983 to 19.01.2006 comes to ₹ 2,73,185.40 which can be rounded of to ₹ 2,73,185/-. The learned counsel for the judgment debtor states that an amount of ₹ 2,8....
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.... holder can only get such payment after the deduction of the tax as calculated in terms of Section 194C of the Income Tax Act, 1961. The learned counsel for the decree holder, however, submitted that this is not a payment under the contract but a payment pursuant to a decree which, in turn, has been made pursuant to an award. According to him, therefore, it would not fall within the parameters of ....
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....act, but one made pursuant to an award. Secondly, when the award directs that a certain amount shall be payable by the Government to the contractor and that award merges in a decree when the award is made a rule of the court, the Government have no alternative but to pay the whole amount. They will not be within their rights in making any deduction unless the statutory provision expressly authoris....