2024 (8) TMI 24

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....ve Crores, Forty Nine Lacs, Thirty Three Thousand, Two hundred and Eight Only) to the Claimant against the various claims filed by them before the Tribunal. 32.2 The Tribunal Awards a total amount of Rs 2,62,93,252/- (Rupees Two Crores, Sixty Two Lacs, Ninety Three Thousand, Two hundred and Fifty Two Only) to the Respondent against the various Counter Claims filed by them before the Tribunal. 32.3 To settle the Tribunal Award in respect of Claims and Counter Claims filed before the Tribunal, the Respondent shall pay net amount of Rs 2,89,01,946/- (Rupees Two Crores, Eighty Six Lacs, Thirty Nine Thousand, Nine hundred and Fifty Six OMP(Enf) (Comm).246/2022 Page 2 of 6 Only) to the Claimant. 32.4 The Tribunal Award that the Responden....

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....,946/-. 7. What Mr. Seshagiri would seek to contend is essentially that the adjustment of the awarded amount to the respondent against the counter claims preferred by it, from the amount awarded to the petitioner, is impermissible. That, however, would require the petitioner to challenge the award, which has not been done till date. 8. This submission is, therefore, rejected. 9. The second submission of Mr. Seshagiri is that the respondent could not have deducted TDS from the amount of Rs. 2,89,01,946/-. 10. On the last date of hearing, Mr. Seshagiri, learned Counsel for the decree holder submitted that he would be relying on judgment to support his contention that the TDS could not have been deducted by the respondent from the amount o....

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....e holder to tax under the Income Tax Act. The opening sentence of para 3 of All India Reporter, reads thus: "We are not concerned to decide in this appeal whether in the hands of the respondent the amount due to him under the decree,  when paid, will be liable to tax; that question does not fall to be determined in this appeal." 15. I have, today, in Joginder Singh Nijjar v. Omaxe Ltd Order dated 26 July 2024 in OMP (ENF.) (COMM.) 65/2021, followed the aforesaid decisions and held that the amount awarded to the successful claimant in the arbitral proceedings has to be paid without deduction of any TDS thereon. 16. Following the said decision as well as the earlier precedents of this Court in Voith Hydro Ltd and Glencore Internatio....