2021 (9) TMI 1510 - HC - Income Tax

TDS u/s 194C - income tax on interest payable to the claimants/respondents on compensation awarded a/u Motor Accident Claim - HELD THAT - Section 194-A of Income Tax Act, 1961, clearly provides that any person, not being an individual or a Hindu undivided family, responsible for paying to a resident any income by way of interest, other than income by way of interest on securities, shall deduct income tax on such income at the time of payment thereof in cash or by issue of cheque or by any other mode. Compensation awarded under Motor Vehicle Act cannot be said to be taxable income. Compensation is awarded in lieu of death of a person or bodily injury suffered in a vehicular accident, which is damage and not income. It is well settled that interest awarded by the Motor Accident Claims Tribunal on a compensation is also a part of compensation upon which income tax is not chargeable as also held as titled Court On Its Own Motion v. the H.P. State Cooperative Bank Limited 2014 (10) TMI 972 - HIMACHAL PRADESH HIGH COURT . Therefore, in view of above said decision, deduction of income tax by petitioner/Insurance Company on the interest accrued/awarded on the compensation deposited by the petitioner/Insurance Company is illegal and is contrary to the law of land. This petition is disposed of directing respondent No. 7 Income Tax Officer, (TDS), Sector 2, Panchkula, Haryana to refund the TDS to the petitioner/Insurance Company within eight weeks from date of receiving information thereof, failing which petitioner company shall also be liable to pay interest @ 9% per annum on the said amount with effect from 20.6.2018 till payment/deposit.

Summary

Issues:
1. Interpretation of Section 194-A of the Income Tax Act, 1961 regarding deduction of income tax on interest accrued on compensation awarded under the Motor Vehicle Act.
2. Legality of deducting income tax on interest payable to claimants on compensation by the Insurance Company.
3. Refund of TDS deducted by the Insurance Company.
4. Liability of the Insurance Company to pay balance compensation along with interest.

Analysis:

1. The High Court analyzed the provisions of Section 194-A of the Income Tax Act, 1961, which mandates the deduction of income tax on interest payments to residents. The Court held that compensation awarded under the Motor Vehicle Act cannot be considered taxable income as it is granted in cases of damage due to vehicular accidents, not as regular income.

2. The Court referred to previous judgments, including one by the Division Bench, to establish that interest awarded by the Motor Accident Claims Tribunal on compensation is an integral part of the compensation and is not subject to income tax. Therefore, the deduction of income tax by the Insurance Company on the interest accrued on the compensation was deemed illegal and against the law.

3. Consequently, the Court directed the Income Tax Officer to refund the TDS to the Insurance Company within eight weeks. The Insurance Company was instructed to make the payment of the balance compensation, along with any interest received from the Income Tax Department, to the claimants within two weeks of receiving the refund. Failure to do so would result in the Insurance Company being liable to pay interest at a rate of 9% per annum from the specified date until payment.

4. The judgment also addressed the procedural aspects, such as vacating the interim order and directing the Motor Accident Claims Tribunal to proceed accordingly. The petitioner was allowed to produce a copy of the order from the High Court website for verification purposes. No costs were awarded in the case, and the petitioner was granted a dasti copy on usual terms for further action.

In conclusion, the High Court's judgment clarified the non-taxable nature of compensation awarded under the Motor Vehicle Act, deemed the deduction of income tax on interest by the Insurance Company as illegal, and outlined the process for refunding the TDS and ensuring payment of the balance compensation to the claimants.