TMI Blog2009 (12) TMI 964X X X X Extracts X X X X X X X X Extracts X X X X ..... 2006 (10) TMI 383 - GUJARAT HIGH COURT] shall be followed in the present case and in all the similar cases arising in future before the Motor Accidents Claims Tribunal. Order Accordingly. The Civil application stands disposed of. - S.A. Bobde and S.J. Kathawalla, JJ. M.B. Kotak for the Applicant Bhakti Barve i/b. Arati Barve for the Respondent ORDER 1. The applicants are the widow, two minor children and the mother of the deceased. This Court had directed the respondents to deposit the amount of money awarded to the applicants and has further directed the applicants to withdraw the amount of ₹ 13,00,000/from the amount deposited by the respondents. 2. It appears that the respondent no.1 called upon the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mited and Others, 2007 ACJ 1897 where the issue arose before the Gujarat High Court pertaining to the interpretation of the provisions of section 194A(iii) (ix) of the Income Tax Act, 1961, regarding deduction at source of income tax payable on the interest received by the claimant on the compensation received by them pursuant to the Award of the Motor Accident Claims Tribunal. In its said decision, the Gujarat High Court relied on the decision of the Hon ble Apex Court arising under the Land Acquisition Act, 1894 in Rama Bai V/s. Commissioner of Income Tax, AP, (1990) 181 ITR 400, wherein the Apex Court has held that interest on enhanced compensation for land compulsorily acquired under the Land Acquisition Act, 1894, awarded by the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wners of the motor vehicles depositing the amounts in compliance with the awards of the Motor Accidents Claims Tribunal shall: (a) first spread the interest amount over to the relevant financial years for the period from the date of filing the claim petition till the date of deposit, (b) thereafter, if the interest for any particular financial year exceeds ₹ 50,000/, separately deposit before the Tribunal the amount liable to be deducted at source under the provisions of section 194A (3) to (ix) of the Income Tax Act, 1961. Such amount shall not, however, straightaway be paid over to Income Tax Department, (c) produce before the Claims Tribunal a statement of computation of interest by spreading the amount over the relevant y ..... X X X X Extracts X X X X X X X X Extracts X X X X
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