2023 (7) TMI 421

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....n record indicate certain admitted facts. The award-debtor's application for setting aside of the award under section 34 of The Arbitration and Conciliation Act, 1996, was dismissed and the award-debtor's appeal therefrom was also dismissed. This led to a Co-ordinate Bench of this Court being of the view that there was no further impediment to execution of the award. The order dated 1st March, 2023 records the stand of the award-debtor, as expressed by learned counsel, that the award-debtor was in the process of making payment to the award-holder in full satisfaction of the awarded amount. The Court accordingly directed the award-debtor to return the bank guarantee and to make payment of the awarded sum along with interest payable within fo....

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....tro Railway could have deducted 10% from the awarded amount of Rs. 3.88 crores as TDS and paid the balance amount of Rs. 3.50 crores to the award-holder/petitioner. 7. In All India Reporter Ltd. vs. Ramchandra D. Datar; AIR 1961 SC 943, the Supreme Court decided the question of whether the amount decreed in favour of the respondent would attract the statutory liability under the Income Tax Act. In the facts of that case, the respondent Ramchandra D. Datar, had filed a Civil Suit in the Court of the 5th Additional District Judge, Nagpur, for a decree of Rs. 1,30,000/- as compensation for wrongful termination of employment, arrears of salary and interest. The Court passed a decree on 17th July, 1953 for Rs. 42,359/- which included compensa....

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.... Court in S.S. Miranda Ltd. vs. Shyam Bahadur Singh; 1984 SCC OnLine Cal 161 where the Court went a step further and directed that the appellant, which had deducted TDS, - would be at liberty to take steps for recovery of the amount from Income Tax Authority in accordance with law. A Single Bench of the Delhi High Court in Voith Hydro Ltd. vs. NTPC Limited; 2021 SCC OnLine Del 1325 held that the judgment-debtor NTPC Limited was entitled to apply to the Income Tax Authorities for refund of the amount deducted as TDS and that the Income Tax Authorities shall process the request for refund of TDS which was incorrectly deposited. The question before the Delhi High Court was similar to that which is before this Court, namely, whether NTPC/judgme....