Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2014 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (10) TMI 293 - HC - Income TaxRefund on TDS made - seeking refund of the amounts paid to the Income Tax Department by way of tax deduction at source (TDS), while effecting payment of compensation amounts to the Sub Court – Held that:- The T.D.S amounts were deducted from payments that were due pursuant to an award that was passed under the Land Acquisition Act - The TDS amounts were then paid over to the Income Tax Department - The compensation amount, as per the award passed in terms of the Land Acquisition Act was not actually paid but was deposited before the Sub Court, Thiruvalla which would have considered the reference applications, if any, preferred by awardees of compensation amounts - Subsequently, however, the award passed under the Act was set aside by this Court in proceedings that challenged the acquisition proceedings - where the payment of T.D.S, by the petitioners to the Income Tax Department, was not actually required but had already been effected at the time of payment of the compensation amount to the Sub Court, Thiruvalla - there is a detailed procedure that has to be followed for the purposes of getting a refund of T.D.S amounts erroneously paid - there was no tax that the 3rd and 4th respondents would have to pay to the Income Tax Department in respect of the compensation amounts. - Refund to be granted subject to verification that whether TDS credit was availed or not - Decided in favor of assessee.
|