1999 (1) TMI 11

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.... petitioners question the same and it is contended that no deduction of income-tax can be made as the entire amount as per the decree should be deposited by the Land Acquisition Officer. It is further contended that the entire amount is a decree debt .and as such there is no interest on any income and the decree is for the compensation amount on account of the property acquired by the respondents and, therefore, no income-tax can be deducted. Heard the learned Government Pleader. First of all I note that the Income-tax Department or the Union of India is not made a party in the proceedings and as such the original petition itself is not maintainable. The questions whether the interest payable on the enhanced amount as per the land acq....

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....deduct tax at source. Here the tax was deducted not by the court. The direction of the Income-tax Department was given to the Land Acquisition Officer to deduct tax at source on such interest. The Supreme Court has considered the matter in Gupta (K. D.) (Lt. Col.) v. Union of India [1990] 181 ITR 530. The contention that since the entire decree amount is inclusive of the interest amount, the Land Acquisition Officer is bound to deposit the entire amount in the court and cannot deduct the tax, was not accepted by the court, and held that since it is the obligation of the Land Acquisition Officer to deduct income-tax at source, deducting income-tax at source and withholding that amount from the decree amount is not in violation of the court d....