9911796707
TMI Blog2021 (10) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... hi, Advocate ORDER The instant application has been filed on behalf of applicants- claimants seeking release of an amount of Rs. 1,68,535/-, deducted by the non-applicant/Insurance Company on account of 20% TDS from the interest earned on the awarded amount. Mr N.H. Khuroo, learned appearing counsel for the non-applicant/ Insurance Company has raised an objection qua release of the amount on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eof reveals that the appellant-Insurance Company has filed civil revision against the order passed by the Motor Accidents Claim Tribunal, Srinagar dated 17th March, 2020 as well as the order dated 31st March, 2010 in Execution Petition No. Misc.41, praying therein for direction to the petitioner to deposit the award amount in terms of the award passed on 26th September, 1995, which was affirmed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... various High Courts and the Hon'ble Supreme Court of India, this Court allowed the revision partly by setting aside the award granting interest to the claimants after the deposit was made by the Insurance Company before this Court, however, declared the deduction of income tax made by the Insurance Company towards the interest paid, as erroneous, thereby maintaining the order of the Execution Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment of the Division of High Court of Himachal Pradesh, has declared the order of the Tribunal in allowing the Insurance Company for deduction of the TDS on the interest amount, as unjust and cruel and while do so, has asked the Insurance Company to release the amount. Mr Reshi, learned counsel further submits that the deduction made by the non-applicant/Insurance company is not in due adheren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in favour of the applicants/claimants through their counsel on proper identification and verification. The non-applicant/Insurance Company is at liberty to seek withdrawal of the amount so deposited with the Income Tax Department and the Income Tax Department shall release the deducted amount as and when such requisition is made by the non-applicant/Insurance Company CM disposed of as above. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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