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2010 (12) TMI 1340

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..... 1. The petitioner has challenged the legality and validity of the order passed by the IX Additional Motor Accident Claims Tribunal (FTC), Durg on 12-10-2009 directing the Insurance Company to pay Rs. 25,016/- to the respondent No. 1/claimant. The said amount was deducted by the Insurance Company as TDS at the time of deposit of the award amount before the Claims Tribunal. The short question arisi .....

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..... laimant raised an objection that this amount of T.D.S. could not have been deducted from the award amount, the learned Tribunal has directed the petitioner/Insurance Company to deposit the said amount within a period of one month. 3. Learned Counsel for the petitioner has argued that the petitioner is under obligation to comply with the provisions contained in Section 194-A(3)(ix) of the Income .....

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..... 5. To appreciate the rival submission the provision contained in Section 194-A of the Income Tax Act needs reference. Section 194-A has been inserted in the Income Tax Act, 1961 by Finance (No. 2) Act, 1967 with effect from 1-4-1967. Sub-section (1) thereof enjoins upon a person, not being an individual or a Hindu Undivided Family, who is responsible for paying to a resident any income by way .....

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..... the Insurance Company deposited the amount of interim maintenance of Rs. 25,000/- on 3-2-1999 and Rs. 56,132/- on 20-4-1999. The award was passed on 12-1-1998. The Insurance Company thereafter deposited Rs. 68,703/- on 4-7-2008 and Rs. 1,29,672/- on 13-3-2009. Thus, the interest component of the award has been deposited after 1-6-2003 when the relevant clause (ix) has been inserted. In view of the .....

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