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2019 (6) TMI 1669 - HC - Income TaxTDS liability of Insurance company - Taxability of certain income - provision requiring the Insurance Company to deduct the TDS after spreading over the interest in number of years from the date of filing of the claim petition - HELD THAT - This Court is of the considered opinion, that the Insurance Company is liable to deduct TDS on the interest paid by it as per the provisions of Section 194-A (3)(ix)(ix-a) of the Income Tax Act, and if the assessee is of the view, that the tax has been deducted in excess, then he can always claim refund of the same from the Income Tax Department. Accordingly, this Court is of the considered opinion that the Executing Claims Tribunal, committed material illegality by holding that the Insurance Company is not liable to deduct the TDS.
Issues Involved:
1. Whether the Insurance Company was justified in deducting TDS on the interest component of the compensation awarded by the Motor Accident Claims Tribunal. 2. Interpretation of Section 145-B and Section 194-A of the Income Tax Act in relation to TDS on interest from compensation. Issue-Wise Detailed Analysis: 1. Justification of TDS Deduction by the Insurance Company: The primary issue was whether the Insurance Company was correct in deducting TDS on the interest amount paid as part of the compensation awarded by the Motor Accident Claims Tribunal. The Tribunal had directed the Insurance Company to pay the deducted TDS amount to the claimants, arguing that if the interest amount is spread over the years from the date of filing the claim, it would not exceed Rs. 50,000 in any financial year, thereby not warranting TDS deduction. The Insurance Company contested this, citing Section 145-B of the Income Tax Act, which deems the interest received on compensation as income of the year it is received, and Section 194-A, which mandates TDS deduction if the interest exceeds Rs. 50,000 in a financial year. The Court agreed with the Insurance Company, stating that the interest received on compensation should be considered income of the year it is received, and if it exceeds Rs. 50,000, TDS must be deducted. 2. Interpretation of Relevant Income Tax Provisions: The Court examined Section 145-B and Section 194-A of the Income Tax Act. Section 145-B(1) states that interest on compensation is deemed income of the year it is received. Section 194-A(3)(ix)(ix-a) specifies that TDS must be deducted on interest from compensation if it exceeds Rs. 50,000 in a financial year. The Court held that these provisions must be read conjointly, concluding that the Insurance Company was correct in deducting TDS on the interest amount. The Court emphasized that the claimant becomes entitled to interest only after the award is passed, and thus, the interest should be considered income of the year it is received. The Court also noted that if the claimants believe excess tax has been deducted, they can seek a refund from the Income Tax Department. The Court further differentiated between compensation under the Land Acquisition Act and Motor Accident Claims, stating that in land acquisition cases, the owner is entitled to compensation from the date of possession, whereas in motor accident claims, entitlement arises only after the award is adjudicated. Conclusion: The Court concluded that the Insurance Company was justified in deducting TDS on the interest component of the compensation as per Section 194-A(3)(ix)(ix-a) of the Income Tax Act. The Executing Claims Tribunal's order directing the Insurance Company to pay the deducted TDS amount to the claimants was set aside. The petition filed by the Insurance Company was allowed, affirming the legality of the TDS deduction on the interest paid as part of the compensation.
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