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TMI Blog2024 (9) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner deducted the TDS as per Section 194A(3) of the Income Tax Act, the decision of this Court was not available. As considered the submissions of learned advocate Mr.Rathin Raval and also perused various orders passed by the Tribunals. It goes without saying that the decision of this Court is binding upon the sub- ordinate Courts and it is for the Tribunal to consider the same, however, we cannot issue general directions to all the Tribunals and the petitioner has to challenge individual case where direction is contrary to the decision of this Court as fact of each case would be different. We do not entertain this petition with a liberty to petitioner to challenge the individual orders in accordance with law. This petition is accordingl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surance Company Ltd. vs. Chief Commissioner of Income Tax vide judgment dated 05.04.2022 rendered in Special Civil Application No.4800 of 2021. It was therefore submitted that the general directions may be issued to all the Motor Accident Claims Tribunals to follow the decision of this Court Court and to pass uniform orders with regard to deduction of TDS as per the directions issued in the decision referred above by this Court. 3. This Court (Coram: Hon ble Mr. Justice J.B.Pardiwala Hon ble Ms Justice Nisha M. Thakore, JJ.) in the judgment and order dated 05.04.2022 rendered in Special Civil Application No.4800 of 2021 in case of The Oriental Insurance Co. Ltd. vs. Chief Commissioner of Income Tax (TDS), after considering the prayers made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke the interest chargeable to tax, whether such interest is income of the recipient or not. Section 194A of the Act is only a provision for deduction of tax at source. Any provision for deduction of tax at source in the said section would not govern the taxability of the receipt. The question of deduction of tax at source would arise only if the payment is in the nature of income of the payee. [c] The Insurance Companies or the owners of the motor vehicles depositing the requisite amount in due compliance with the awards of the Motor Accident Claims Tribunals shall deposit the full amount with the Tribunal and shall not deduct tax u/s 194A of the Income Tax Act on the interest awarded by the Motor Accident Claims Tribunal. 75 We may clarify ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner deducted the TDS and has placed on record TDS Certificate obtained from the Income Tax Department to show that petitioner has already paid the amount and, therefore, it is for the claimants to get the refund of the TDS deducted by the petitioner which may be contrary to decision of this Court. 6. At the relevant point of time when the petitioner deducted the TDS as per Section 194A(3) of the Income Tax Act, the decision of this Court was not available. 7. We have considered the submissions of learned advocate Mr.Rathin Raval and also perused various orders passed by the Tribunals. It goes without saying that the decision of this Court is binding upon the sub- ordinate Courts and it is for the Tribunal to consider the same, howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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