9911796707
TMI Blog2021 (12) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... e Chartered Accountant of the Defendant firm has stated in his statement that Section 194A of the Income Tax Act, 1961 relates to the payment of interest. This, in any event, is a provision of law, which can be clearly deciphered from a perusal of the said provision itself. The effect of a TDS Certificate being issued, and whether the same can be construed as an admission or not is a question that would arise in this case. The Statement of the Chartered Accountant of the Defendant firm, who stated that TDS was deducted, and deposited for the payment of interest also has to be considered. At the stage of final adjudication, the Trial Court shall bear in mind the statements made under Order X CPC read along with the pleadings of the partie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applications under Order XII Rule 6 CPC filed by the Petitioners/Plaintiffs (hereinafter referred as Plaintiffs ) have been dismissed by the Trial Court. The Plaintiffs had instituted the suits being CS Nos.1661/2018, 1663/2018, 1662/2018 and 1664/2018 for recovery of sums of ₹ 7,56,250/-, ₹ 12,60,416/-, ₹ 10,08,333 and ₹ 12,60,416/respectively, in each of these petitions. 4. The case of the Plaintiffs was that the Respondent/Defendant (hereinafter referred as Defendant ) had borrowed ₹ 6 lakhs, ₹ 10 lakhs, ₹ 8 lakhs and ₹ 10 lakhs respectively, from each of the Plaintiffs. The said amounts were advanced at the rate of 12.5% interest per annum for a period of three years. These transactio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. The said statements of the proprietor of the Defendant firm, as also that of the Chartered Accountant are relied upon by the Plaintiffs to the effect that the Chartered Accountant admitted that the payment of interest on the amounts advanced. The same indicated that the TDS was deducted under Section 194A of the Income Tax Act, 1961. This, according to the Plaintiffs, constitutes a clear admission by the Defendant. Thus, on the strength of these statements, the Plaintiffs filed an application under Order XII Rule 6 CPC seeking a judgment on admissions, and consequently, decree of the suits. 8. After considering the facts and circumstances of the case, the Trial Court, dismissed the Plaintiffs application under Order XII Rule 6 CP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1961 relates to the payment of interest. This, in any event, is a provision of law, which can be clearly deciphered from a perusal of the said provision itself. The effect of a TDS Certificate being issued, and whether the same can be construed as an admission or not is a question that would arise in this case. The Statement of the Chartered Accountant of the Defendant firm, who stated that TDS was deducted, and deposited for the payment of interest also has to be considered. The relevant extract of the said Statement of the Chartered Accountant reads as under: Statement of Sh Deepak Bansal S/o Late Sh S.K.Bansal, Chartered Accountant, 201/8, Sushma Tower, Central Market, D Block, Prashant Vihar, New Delhi- 110 0850 On S.A. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suggest that documents placed on record by me are not the true documents. 13. In response to a query by the Court as to the stage of the suit as on date, the Ld. Counsel for the Plaintiffs, fairly and candidly admits that the suit is at the stage of final arguments, and the recording of evidence is complete in the matter. 14. Considering that the evidence has already been recorded and the pleadings of the parties have been completed before the Trial Court, one of the issues that the Trial Court would now have to examine is the effect of the TDS Certificates in the context of the Statement of the Chartered Account of the Defendant firm. Further, the Trial Court has to consider the short issue as to whether the amount advanced by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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