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2024 (2) TMI 889 - HC - Income TaxRefund of excess TDS deducted u/s 195 - whether the respondents are authorised by law to withhold the excess TDS paid by the petitioner? - whether the deductor is entitled for refund of the said payment of excess TDS? HELD THAT:- Reliance can be placed to the latin maxim “jure naturae aequum est, neminem cum alterius detrimento, et injuria fieri locupletioremit” which translates to and settles the position that by natural law, it is just that no one should be enriched by another’s loss or injury. Put otherwise, no one can be unjustly enriched at the expense of others. By no prudent stretch of imagination, the respondents are entitled to withhold the excess TDS deposited by the petitioner in lieu of the anticipated liability for concerned AY as the same would amount to collection of tax without any authority of law. Writ petition is allowed. The impugned orders are, hereby, set aside. The respondents are directed to issue a refund of excess TDS along with the applicable rate of interest as per extant law as expeditiously as possible not exceeding beyond six months.
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