2010 (12) TMI 1340

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.... Lahrey, Advocate for the Respondent No. 1 ORDER Prashant Kumar Mishra, J. 1. The petitioner has challenged the legality and validity of the order passed by the IX Additional Motor Accident Claims Tribunal (FTC), Durg on 12-10-2009 directing the Insurance Company to pay Rs. 25,016/- to the respondent No. 1/claimant. The said amount was deducted by the Insurance Company as TDS at the time ....

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....the award the Insurance Company deducted Rs. 25,016/- towards T.D.S. and when the claimant raised an objection that this amount of T.D.S. could not have been deducted from the award amount, the learned Tribunal has directed the petitioner/Insurance Company to deposit the said amount within a period of one month. 3. Learned Counsel for the petitioner has argued that the petitioner is under oblig....

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....is no provision for such deduction from the interest component of the award amount. 5. To appreciate the rival submission the provision contained in Section 194-A of the Income Tax Act needs reference. Section 194-A has been inserted in the Income Tax Act, 1961 by Finance (No. 2) Act, 1967 with effect from 1-4-1967. Sub-section (1) thereof enjoins upon a person, not being an individual or a Hin....

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....fect from 1-6-2003 by the Finance Act, 2003. As would be clear from the impugned order, the Insurance Company deposited the amount of interim maintenance of Rs. 25,000/- on 3-2-1999 and Rs. 56,132/- on 20-4-1999. The award was passed on 12-1-1998. The Insurance Company thereafter deposited Rs. 68,703/- on 4-7-2008 and Rs. 1,29,672/- on 13-3-2009. Thus, the interest component of the award has been ....