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2021 (10) TMI 38 - HC - Indian LawsQuantum of penalty - wrongful adjustments of the amount deposited by the petitioner towards Tax Deducted at Source (TDS) recovered from various parties including the respondents - non-issuance of TDS certificates to the respondents - arbitrary action of the Income Tax Department which is pending adjudication before the Jammu and Kashmir High Court - HELD THAT:- The attempt of the petitioner throughout has been to delay execution proceedings by filing various petitions/applications on frivolous grounds. It has rightly been contended by the counsel for the respondents that the respondents are not concerned with the dispute between the petitioner and the Income Tax Department. If the TDS had been deducted by the petitioner from the payments made to the respondents, the petitioner is bound to furnish TDS certificates to the respondents. In the event the petitioner is unable to furnish TDS certificates, it would have to pay the said amounts to the petitioner. Nothing has been furnished by the petitioner to show that the amount deducted by it towards TDS has been deposited with the Income Tax Department. The petitioner has unjustifiably failed to make the payment of ₹ 5,60,000/- and ₹ 1,80,000/- to the respondents respectively, and it was only after the abovesaid order was passed by this Court on 1st September, 2021 that the said amounts have been paid to the respondents. The petitioner was well aware of the penalty imposed by the Executing Court by the impugned orders and despite the same, contested the same unsuccessfully for over two years. If the petitioner felt that the penalty being imposed was excessive, the petitioner should have challenged the impugned orders immediately. Petition dismissed.
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