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2014 (4) TMI 1173 - HC - Income TaxInsurance Company deducting the income tax at source - Held that - Coming to the facts of the instant case, it is not clear from the record as to how the Tax Deductible at Source was arrived at in a sum of ₹ 19,626/-. However, at this stage, it cannot be said that the insurance company is not entitled to deduct income tax at source on the interest amount without first ascertaining whether the interest amount payable to the claimant had exceeded the prescribed limit of ₹ 50,000/- or not. Therefore, as rightly urged by the learned counsel for the revision petitioner, this Court is of the well- considered view that this is a fit case to set aside the orders of the Tribunal and remit the matter to the Tribunal to decide afresh on the requirement, if any, and the correctness or otherwise of the amount deducted at source towards income tax and then dispose of the execution petition in accordance with the procedure established by law. Accordingly, the Civil Revision Petition is allowed and the impugned order is set aside and the matter is remitted to the Tribunal with a direction to decide the issue involved in the execution petition afresh keeping in view the legal position enunciated and thus dispose of the execution petition on merits and in accordance with the procedure established by law.
Issues Involved:
1. Correctness of income tax deducted at source (TDS) by the Insurance Company from the compensation/interest awarded by the Motor Accidents Claims Tribunal. 2. Legal position and procedure for TDS deduction by the Insurance Company. Issue-wise Detailed Analysis: 1. Correctness of Income Tax Deducted at Source (TDS) by the Insurance Company: The revision petition challenges the order dated 28.11.2011 by the Principal District Judge-cum-Chairman, Motor Accidents Claims Tribunal, Srikakulam, regarding the correctness of TDS deducted by the Insurance Company from the compensation awarded to the claimant. The Tribunal, following the Division Bench decision of the High Court of Gujarat in Hansaguri Prafulchandra Ladhani and Others v. Oriental Insurance Company Limited and others, ruled that the Insurance Company's action of deducting income tax at source was incorrect. The Insurance Company, aggrieved by this decision, filed the present revision petition. 2. Legal Position and Procedure for TDS Deduction by the Insurance Company: The core issue is whether the Insurance Company's action of deducting income tax at source is correct under the law. The relevant legal provisions include Section 194A of the Income Tax Act, which mandates TDS on interest payments exceeding Rs. 50,000. The law specifies that TDS applies only to the interest component of the compensation and not the principal awarded amount. - Section 194A of the Income Tax Act: This section obligates entities, excluding individuals or Hindu undivided families, to deduct income tax on interest payments exceeding Rs. 50,000. The interest amount should be considered in a lump sum and not spread annually. - Circular No. 7 of 2003: This circular clarifies the basic exemption limit of Rs. 50,000 for TDS on interest payments. The court examined previous rulings, including decisions from the High Courts of Gujarat, Madhya Pradesh, and Andhra Pradesh, which highlighted the necessity to divide interest among claimants and apply the Rs. 50,000 limit individually. Procedure and Practice for TDS Deduction: - Interest Calculation: The interest amount should be considered in a lump sum for each claimant, and TDS should be deducted only if the interest exceeds Rs. 50,000. - PAN Requirement: If the claimant has a PAN, TDS is deducted at 10%; without a PAN, the rate is 20%. - Declaration Form: Claimants can submit Form No. 15G under Section 197(1A) of the IT Act to avoid TDS. Guidelines for Tribunals: 1. No TDS on the principal compensation amount. 2. TDS on interest only if it exceeds Rs. 50,000 for each claimant. 3. Deduction rates depend on the claimant's PAN status. 4. Proper documentation and timely filing of TDS returns and certificates are mandatory. Conclusion: The court concluded that the Tribunal's order was not in line with the legal provisions. The matter was remitted to the Tribunal to reassess the TDS requirement and correctness based on the legal guidelines provided. Both parties were allowed to submit fresh calculation memos and evidence. Order: The Civil Revision Petition is allowed, the impugned order is set aside, and the matter is remitted to the Tribunal for fresh consideration. Both parties may file new calculation memos and present additional evidence if desired. No costs. Pending miscellaneous petitions are dismissed.
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