Ramesh Chand v. Subhash Chand & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 58/2008 RAMESH CHAND ..... Appellant Through:

Mr. Pankaj Kumar, Adv.

versus SUBHASH CHAND & ORS ..... Respondents Through:

Mr. Pankaj Seth, Adv. for Insurance.

Mr.

Asheesh Jain, Sr.

Standing Counsel, Income Tax Department.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 15.05.2017 1.

Respondent no.3 has deposited enhanced award amount in terms of the judgment dated 18th November, 2016 and the same has been disbursed to the appellant vide order dated 11th January, 2017. 2.

Learned counsel for the appellant submits that the respondent no.3 has wrongly deducted the TDS.

3.

Learned counsel for respondent no.3 submits that respondent no.3 has deducted the TDS as the interest amount per year exceeded Rs.50,000/-. 4.

Learned counsel for the appellant submits that respondent no.3 cannot deduct TDS even if the interest amount per year exceeds Rs.50,000/- 5.

This Court considered it necessary to seek assistance of Mr.Asheesh Jain, learned senior standing counsel for Income Tax Department. Mr.

Asheesh Jain, learned senior standing counsel for Income Tax Department submits that respondent no.3 has rightly deducted TDS since the interest amount per annum exceeded Rs.50,000/- as per the computation given in Annexure 'B' to the appellant's affidavit.

6.

In view of the aforesaid, no further order is warranted in this matter. This appeal has been disposed of on 18th November, 2016 and need not be listed again.

J.R. MIDHA, J.

MAY 15, 2017 dk