2024 (12) TMI 1572 - SCH - Income Tax

Default in not depositing the TDS amount as deducted with the government - Default in not making TDS deductions with consequent denial of TDS credit - deductions from the running account bills raised against the supply of materials by respondents and and retained on the pretext of Income Tax Contingency - as pleaded that the kept back amount shall be released or the TDS certificate will be issued depending on the outcome of the appeal preferred by the JBVNL against the demand notice - as decided By HC 2024 (5) TMI 540 - JHARKHAND HIGH COURT imposition of cost on the party which started litigation without any just cause or took false and frivolous defences is necessary to discourage the dishonest litigant. To this end the Court is required to impose such cost that would make the litigant think twice before putting up any speculative claim or defence. The petitioner-Firm was unnecessarily dragged to the Court and that too knowingly and for no fault on its part. We are of the definite opinion that the JBVNL must be saddled with cost of Rs. 5 Lacs which shall be recovered from the Managing Director. HELD THAT - We are not inclined to interfere with the impugned judgment passed by the High Court. Hence the Special Leave Petitions are dismissed.

Summary

The Supreme Court of India, in an order delivered by Hon'ble Justices Pamidighantam Sri Narasimha and Manoj Misra, addressed Special Leave Petitions challenging a High Court judgment. After hearing counsel, the Court "condoned delay" but ultimately stated it was "not inclined to interfere with the impugned judgment passed by the High Court." Consequently, the Special Leave Petitions were dismissed, and all pending applications were disposed of. The Court's reasoning reflects deference to the High Court's decision without further elaboration.