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TMI Blog2019 (10) TMI 1516X X X X Extracts X X X X X X X X Extracts X X X X ..... ered on 12.04.2019 (Annexure-B) and 20.06.2019 (Annexure-C) and further be pleased to direct the learned Motor Accident Claims Tribunal to follow the guidelines of TDS issued by honourable Division Bench of the honourable High Court of Gujarat in the case of Prafulchandra Narberam Ladhani vs. Oriental Insurance Company Limited reported in 2007(2) GLR 1484 = 2007 ACJ 1897 (Guj.)." 2. Brief facts relevant for the purpose of this petition are thus : 2.1 M.A.C. Petition No.220 of 2007 was lodged claiming the compensation on account of death due to rash and negligent driving of driver of the vehicle bearing registration No. GJ.6.V.8924. The claim petition was partly allowed on 09.02.2018 awarding a sum of Rs. 14,90,088/- with interest at the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eral Insurance Company Limited v. Kirshnakumar Munshiram Agrawal [2019 ACJ 736] did not issue any direction to Tribunal to accept the cheque of TDS deducted by the Insurance Company, (2) the Insurance Company was not justified deducting the TDS, (3) the exercise of splitting the interest amount over the relevant financial year was not carried out by the Insurance Company, and (4) deduction of the tax at source was the legal obligation imposed upon the insurer in the facts of the present case, and therefore, if, after such deduction, the case for refund exists, the obligation would be cast upon the insurer to procure the refund for him and not upon the claimant. 4. Upon hearing the learned counsel for the petitioner and taking into consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if the interest for any particular financial year exceeds Rs.50,000/and also request the Tribunal to treat the amount as a separate deposit. II.(i) The Tribunal shall take into account the principles laid down in this judgment and ensure that the amount of interest accrued each year is apportioned amongst the claimants on year to year basis. (ii) If the interest payable to any claimant for any particular financial year exceeds Rs.50,000/, the Tribunal shall permit the Insurance Companies/owners to pay over the amount liable to be deducted at source under Section 193(3)(ix) of the Income-tax Department in respect of that particular claimant for that particular year, without prejudice to the claimant's case that he is not liable to pay an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax for relevant year. 6. This Court made the things clear in direction No.III in Para 14 which reads as under : "III. When the claimants make applications/ representations before the authority under the Income-tax Act, 1961 for refund of the amount deducted under the provisions of Section 194A(3) (ix) of the Act, the concerned authority shall decide such applications/representations within six months from the date of receipt of the applications /representations." 7. Thus, an obligation cast upon the Insurance Company is sought to be fulfilled through the said direction, both in the interest of the claimant and the insurer. 8. The things are made further clear in clause No.II(iv) wherein, direction is given to invest/disburse the am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication for permission (supra) within stipulated period. 12. This Court is inclined to accept the submissions from the learned counsel for the petitioner. It appears that the directions contained in Para 14 in relation to TDS are for smooth discharge of the liability under Section 194A of the Income-tax Act as also the convenience of the claimant to apply for refund if necessary. The permission in terms of Para 14 II(ii) thus seems to be of a formal nature and not adjudicatory, inasmuch as adjudication can be done only by the income-tax department when the refund is claimed. It is, therefore, needless to say that unless the computation of the interest liable to tax is questioned; normally permission under the said directions should be gi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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