TMI Blog2010 (1) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... pearing on behalf of defendants regarding deduction of TDS on the interest component of the decree. Apprehension is expressed by the learned Counsel appearing on behalf of defendants that under the provisions of section 194A of the Income-tax Act, on the interest component which is payable, tax has to be deducted at source and if it is not so done, the person who does not deduct tax at source on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Counsel also relied upon the judgment of this Court in Islamic Investment Co. v. Union of India 2002(3) Mh.L.J. 555. Counsel appearing on behalf of defendants invited my attention to paragraph 15 of the said judgment and submitted that the learned Single Judge had granted liberty to the decree holder to apply and get certificate of release from the security or an adjudication from the Income-ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no contempt of court was committed since intention of the payer was not mala fide. The Apex Court, however, observed that the tax due left, was to be decided by the Income-tax Officer. Therefore, in my view, once a decree is passed, it is a judgment and order of the court which culminates into final decree being passed which has to be discharged only on payment of the amount due under the said de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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