2025 (12) TMI 552

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....n Banerjee, Adv. Ms. Sanjana Sinha, Adv. Mr. S.K. Banerjee, Adv.   For Union of India: Mr. Soumen Bhattacharjee, Adv. Mr. Ankan Das, Adv.   For the award-debtor: Mr. Uday Sankar Bhattacharya, Adv. Mr. Tapan Bhanja, Adv. JUDGMENT GAURANG KANTH, J.:- 1. The Award Holder has preferred the present Execution Petition seeking enforcement of the arbitral award dated 24.01.2024, r....

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....ward, the Award Debtor was made liable to pay future interest @ 12% per annum until realization. 3. By the Additional Award dated 28.03.2024, the learned Arbitrator corrected a typographical error that had crept into paragraph 16 of the original award. No substantive change was made to the operative directions. 4. The rival calculations furnished by the parties are set out in the following c....

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....23.07.2025) Rs. 77,11,195/- paid on 07.11.2025 (TDS Rs. 8,56,800/- deducted) Interest on TDS Rs. 1,88,425/- (Interest @12% on Rs. 54,06,844/- from 24.07.2025 to 07.11.2025) Nil Nil 5. Upon examining the materials on record and the computation sheets produced by both sides, this Court is satisfied that the calculation furnished by the Award Debtor correctly reflects the directions....

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....ecretal amount. 8. The Award Holder has further sought interest on the TDS component. However, this Court finds no merit in any claim for interest on the said amount. It is an admitted fact that the Award Debtor, while releasing the decretal amount, mistakenly deducted TDS, despite the settled principle that no tax is deductible at source from sums payable under an arbitral award. The amount so....