Plea to scrap TDS on compensation to accident victims
5 years, 11 months ago

Plea to scrap TDS on compensation to accident victims

Live Mint  

A petition was filed in the Delhi High Court on Monday seeking quashing of a provision which mandates deduction of tax on the interest accrued upon the award or compensation granted by Motor Accident Claim Tribunal to the accident victims. The plea was filed by advocate Amit Sahni, who has sought quashing of Section 194A of the Income Tax Act, 1961, which mandates to deduct tax upon the interest accrued upon the award and compensation granted by the MACT. "Hold that no authority can deduct TDS upon the interest accrued upon the award/ compensation awarded by Motor Accident Claim Tribunal under Section 194A of Income Tax Act, 1961 and pass necessary directions to the respondents in this regard," the plea said. However, in cases of motor accident compensation, the interest is awarded because the claims are awarded with some delay, which may be due to: late filing of the compensation claim, investigation adjudication of claim and various other factors, or because such claims are challenged before superior courts," the plea read.

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History of this topic

Top court calls for direct transfer of aid to motor accident victims
6 days, 15 hours ago

Top court calls for direct transfer of aid to motor accident victims

Hindustan Times  

The Supreme Court has directed that compensation awarded in motor accident claims should be directly transferred to the bank accounts of victims rather than being deposited with the Motor Accident Claims Tribunals first “so that insurance companies and the claimants are saved from hassles of the court processes”. The court also referenced previous rulings mandating direct bank transfers, including Haryana …

Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court
2 months, 3 weeks ago

Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court

Live Law  

The Supreme Court, recently, while deciding a motor accident compensation claim case, observed that monthly income could be fixed after taking into account the tax returns. It reasoned that “Monthly income could be fixed taking into account the tax returns only if the details of payment of tax are appropriately brought into evidence so as to enable the Tribunal/Court to …

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head
3 months ago

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head

Live Law  

The Jharkhand High Court has slashed the interest rate on compensation awarded to the family of a 50-year-old barber who was struck by a mini-bus, ruling that the 12% annual interest granted by the Motor Accident Claims Tribunal, Dumka, was excessive. Justice Subhash Chand, presiding over the case, reduced the interest rate to 7.5%, stating, “The impugned Award passed by …

Tax Weekly Round-Up: December 09 - December 15, 2024
3 months, 1 week ago

Tax Weekly Round-Up: December 09 - December 15, 2024

Live Law  

HIGH COURTS Allahabad HC Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court Case Title: M/s Laxmi Telecom v. State of U.P. Form 26B Under Income Tax Rules Not Required For Refund Once Form 5 Under 'Vivad Se Vishwas' Act Is Issued: Allahabad High Court Case Title: Dish TV India Limited v. …

When Is Action For Imposition Of Penalty 'Initiated' U/S 271C Of Income Tax Act For Failure To Deduct Tax At Source: Delhi HC Explains
Trending News
4 months, 1 week ago

When Is Action For Imposition Of Penalty 'Initiated' U/S 271C Of Income Tax Act For Failure To Deduct Tax At Source: Delhi HC Explains

Live Law  

The Delhi High Court recently explained when an action for imposition of penalty under Section 271C of the Income Tax Act, 1961 can be said to have been “initiated”. At the outset, the High Court noted that when a penalty proceeding can be stated to be initiated is squarely covered in favour of the assessee by Principal Commissioner of Income …

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee
7 months, 3 weeks ago

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee

Live Law  

Recently, the Supreme Court reiterated that there's no restriction upon the Motor Accident Claim Tribunal to award compensation exceeding the amount claimed by the claimant. The Court said that if the claimant is entitled to a higher amount than claimed, than he's entitled to be paid the actual compensation as determined by the court.The bench comprising Justices PS Narasimha. reported …

Motor Accident Claims Tribunal Has Discretion To Release Compensation Amount In Full Or In Part : Supreme Court
8 months ago

Motor Accident Claims Tribunal Has Discretion To Release Compensation Amount In Full Or In Part : Supreme Court

Live Law  

The Supreme Court of India clarified that the Motor Accidents Claims Tribunal has the discretion to release compensation all at once or in parts. A bench of Justice MM Sundresh and Justice Aravind Kumar was dealing with a petition contending that Rule 150A of the Central Motor Vehicles Rules, 2022 read with Annexure XIII interferes with the MACT's powers under …

Unsettled Claims As Well As IBNR Would Amount To Contingent Liabilities; Section 37 Deduction Allowable: Delhi High Court
9 months, 2 weeks ago

Unsettled Claims As Well As IBNR Would Amount To Contingent Liabilities; Section 37 Deduction Allowable: Delhi High Court

Live Law  

The Delhi High Court has held that the deduction under Section 37 of the Income Tax Act is allowable on unsettled claims as well as Incurred But Not Reported, which would amount to contingent liabilities.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that if the historical trend indicates that a large number of sophisticated goods …

Direct Tax Cases Weekly Round-Up: 21 April To 27 April 2024
10 months, 3 weeks ago

Direct Tax Cases Weekly Round-Up: 21 April To 27 April 2024

Live Law  

Bombay High Court Case Title: PCIT Versus Tata Steel The Bombay High Court has held that Tata Steel is entitled to treat the contribution of Rs. Rajasthan High Court Case Title: The Income Tax Officer Versus Rajendra Prasad Vaish The Rajasthan High Court has held that for holding an assessee guilty of the offence of filing delayed income tax returns, …

Direct Tax Cases Weekly Round-Up: 24 To 30 March 2024
11 months, 3 weeks ago

Direct Tax Cases Weekly Round-Up: 24 To 30 March 2024

Live Law  

Delhi High Court Case Title: PCIT Versus Rashmi Rajiv Mehta The Delhi High Court has held that an addition solely based on a photocopy of the sale agreement is completely unwarranted and unjustifiable. Case Title: National Stock Exchange of India Versus DCIT The Mumbai Bench of Income Tax Appellate Tribunal has held that the contribution made by the assessee stock …

Direct Tax Cases Monthly Round Up: January 2024
1 year, 1 month ago

Direct Tax Cases Monthly Round Up: January 2024

Live Law  

Supreme Court Case Title: Herbicides India Limited verses ACIT While setting aside the Rajasthan High Court orders, the Supreme Court restored the assessee's appeals by condoning the delay in filing the paper-book before High Court and observed that the assessee is entitled to have his appeals heard on merits. Madras High Court Case Title: Anamallais Bus Transports P. Ltd verses …

Employee Can’t Be Penalised For Non-Deposit Of TDS By Employer: Delhi High Court
1 year, 3 months ago

Employee Can’t Be Penalised For Non-Deposit Of TDS By Employer: Delhi High Court

Live Law  

The Delhi High Court has held that the employer of the petitioner or assessee, having failed to perform his duty to deposit the deducted tax with the department, cannot be penalized. It would always be open for revenue to proceed against the employer of the petitioner for recovery of the deducted tax.The bench of Justice Rajiv Shakdher and Justice Girish …

Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court
1 year, 6 months ago

Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court

Live Law  

The Supreme Court has reinstated an award originally granted by the Motor Accidents Claim Tribunal. More so in a circumstance, where the MACT had referred to the evidence available on record and then arrived at its conclusion, the re-appreciation of evidence by the High Court is without being sensitive to nature of lis before it.” The Supreme Court bench comprising …

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident
1 year, 6 months ago

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident

India TV News  

A family of a deceased who died in a road accident in Thane won a case in the Motor Accident Claims Tribunal in which the accused and his insurance company were ordered to provide compensation of more than Rs 1.36 crore to the petitioner. The deceased's family, including his wife, parents and sister, contended that the accident took place "due …

Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court
1 year, 8 months ago

Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court

Live Law  

The Supreme Court on Tuesday observed that in cases of motor accident claims, the physical disability caused due to an accident must be judged with reference to the nature of the work being done by the injured for assessing award of compensation. 2 SCC 267 a division bench of Justice Abhay S. Oka and Justice Rajesh Bindal observed that “.any …

Director Proves Lack Of Control On Financial Affairs: Bombay High Court Quashes Income Tax Recovery
1 year, 9 months ago

Director Proves Lack Of Control On Financial Affairs: Bombay High Court Quashes Income Tax Recovery

Live Law  

The Bombay High Court has quashed the income tax recovery against the Director of a company on the grounds that the Director has sufficiently discharged the burden cast upon him in terms of Section 179 of the Income Tax Act.The bench of Justice K.R. The Bombay High Court has quashed the income tax recovery against the Director of a company …

Tax Cases Weekly Round-Up: 12 March To 18 March, 2023
2 years ago

Tax Cases Weekly Round-Up: 12 March To 18 March, 2023

Live Law  

Supreme Court Case Title: Commercial Tax Officer Versus Neeraja Pipes Pvt. Gujarat High Court Case Title: Keenara Industries Private Limited Versus Income Tax Officer The Gujarat High Court has held that the reassessment notices were issued after the lapse of six years and are therefore time-barred. Case Title: Manishkumar Tulsidas Kaneriya Versus Assistant Commissioner Of Income Tax, Central 1, Rajkot …

TDS Not Deposited By Employer, Can’t Be Adjusted Against Future Refund Due To Assessee: Delhi High Court
2 years ago

TDS Not Deposited By Employer, Can’t Be Adjusted Against Future Refund Due To Assessee: Delhi High Court

Live Law  

The Delhi High Court has ruled that the revenue department cannot adjust the withheld tax which has not been deposited by the deductor in the Central Government Account, against the refund due and payable to the deductee/assessee. The bench of Justices Rajiv Shakdher and Tara Vitasta Ganju held that adjustment of demand against future refund amounts to an indirect recovery …

CBDT Circulars Can’t Prescribe Limitation To Decide Application For Compounding Of Offence: Bombay High Court
2 years, 2 months ago

CBDT Circulars Can’t Prescribe Limitation To Decide Application For Compounding Of Offence: Bombay High Court

Live Law  

The Bombay High Court has ruled that orders, instructions or directions issued by the CBDT under Section 119 or under the Explanation to Section 279 of the Income Tax Act, 1961, cannot put fetters on the power of income tax authorities under Section 279 to consider an application for compounding of offence, by prescribing a period of limitation. Thus, the …

Liability To Deduct TDS Under Section 201 of Income Tax Act Is A Vicarious Liability, Which Ends With Discharge Of Principal Liability Of Recipient Of Income: ITAT
2 years, 4 months ago

Liability To Deduct TDS Under Section 201 of Income Tax Act Is A Vicarious Liability, Which Ends With Discharge Of Principal Liability Of Recipient Of Income: ITAT

Live Law  

The Mumbai bench of the Income Tax Appellate Tribunal has ruled that the liability to deduct tax at source under Section 201 read with Section 195 of the Income Tax Act, 1961, is a vicarious liability of the payer of an income and thus, the liability to deduct TDS ceases to exist when the primary liability of the recipient of …

Tax Cases Weekly Round-Up: 30 October To 5 November 2022
2 years, 4 months ago

Tax Cases Weekly Round-Up: 30 October To 5 November 2022

Live Law  

Supreme Court Industrial Townships Are "Local Areas" For Entry Tax Levy By States Though They Are Excluded From Municipalities : Supreme Court Case Title: OCL India Limited vs State of Orissa Citation: 2022 LiveLaw 911 The Supreme Court upheld States' power to impose entry tax from Industrial Township/Areas. Delhi High Court Case Title: Commissioner Of Income Tax Versus Daikin Shri …

Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court
2 years, 6 months ago

Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court

Live Law  

The Supreme Court observed that Motor Accident Compensation exceeding the claimed amount can be awarded.In the matter of compensation, the amount actually due and payable is to be awarded despite the claimants having sought for a lesser amount and the claim petition being valued at a lesser value, the bench comprising Justices observed.In this case, the Motor Accident Claims Tribunal …

Tax payment Software Has To Be Tailor-Made According To The Legal Rights Of The Taxpayers: Delhi High Court
2 years, 8 months ago

Tax payment Software Has To Be Tailor-Made According To The Legal Rights Of The Taxpayers: Delhi High Court

Live Law  

The Delhi High Court has held that the tax payment software has to be tailor-made according to the needs, aspirations, and legal rights of the taxpayers and not that the taxpayers' legal rights have to be tailor-made in accordance with the software being used by the Tax Department. The petitioners submitted that the respondent, after accepting Forms 1 and 2 …

No TDS Required To Be Deducted On Enhanced Compensation Awarded By Court Under Land Acquisition Act: Delhi ITAT
2 years, 11 months ago

No TDS Required To Be Deducted On Enhanced Compensation Awarded By Court Under Land Acquisition Act: Delhi ITAT

Live Law  

The Delhi Bench of ITAT, consisting of members Astha Chandra and N.K. Billaiya, has ruled that interest received by land owners on enhanced compensation awarded to them by the Court under Section 28 of the Land Acquisition Act, 1894 is not in the nature of 'income from other sources' under the Income Tax Act, 1961, therefore, no TDS is required …

Non-Deduction of TDS At The Year End As The Amount Payable Was Not Identifiable: Penalty not justifiable- ITAT
3 years ago

Non-Deduction of TDS At The Year End As The Amount Payable Was Not Identifiable: Penalty not justifiable- ITAT

Live Law  

The Delhi Bench of the Income Tax Appellate Tribunal, consisting of Kul Bharat and R.K. Panda, upheld the CIT order, holding that the mere fact that taxes were not deducted on the year end provision but were deducted and deposited upon crystallisation of liability to pay the expenses does not automatically justify the imposition of a penalty under section 271C …

Whether Interest On Compensation For Motor Accident Claims Exigible To Tax & Is Insurance Company Required To Deduct Tax At Source?, Rajasthan HC Refers To Larger Bench
3 years, 1 month ago

Whether Interest On Compensation For Motor Accident Claims Exigible To Tax & Is Insurance Company Required To Deduct Tax At Source?, Rajasthan HC Refers To Larger Bench

Live Law  

The question whether interest on compensation for motor accident claims exigible to tax and resultantly, is insurance company required to deduct tax at source while making such payment to the claimants has been referred to the larger bench by the division bench of Rajasthan High Court. Chief Justice Akil Kureshi and Justice Uma Shanker Vyas, ordered, "Under the circumstances reference …

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage
3 years, 1 month ago

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage

Live Law  

Reiterating that legal representatives of a person are entitled to motor accident claim, the Delhi High Court has upheld the compensation given to two children from the deceased's first marriage. "In so far as the grant of compensation under non pecuniary head is concerned, reference may be had to the judgment of the Supreme Court in Gujarat State Road Transport …

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court
3 years, 1 month ago

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court

Live Law  

The Bombay High Court observed that while determining the compensation that the applicant would be entitled to on account of loss of future earnings, even if the applicant has not suffered total loss of income due to permanent disability. The Bombay High Court was hearing an appeal from an impugned judgement of the Motor Accidents Claims Tribunal, Palghar which had …

Supreme Court Dismisses PIL Challenging TDS Deduction For Interest On MACT Award
3 years, 3 months ago

Supreme Court Dismisses PIL Challenging TDS Deduction For Interest On MACT Award

Live Law  

Noting that a challenge of this nature would have to be brought before the Court by a person aggrieved, the Supreme Court has dismissed a writ petition which sought to challenge the validity of Section 194A of the Income Tax Act 1961 under which tax is deducted at source on the interest payable under an award of the Motor Accident …

Assessee Not Liable To Pay Interest On Short Payment Of Advance Tax Due To Default Of Payer In Deducting TDS Before 2012-2013 FY : Supreme Court
3 years, 6 months ago

Assessee Not Liable To Pay Interest On Short Payment Of Advance Tax Due To Default Of Payer In Deducting TDS Before 2012-2013 FY : Supreme Court

Live Law  

The Supreme Court has held that the amount of income tax which is deductible or collectible at source can be reduced by the assessee while calculating advance tax before 2012-2013 Financial Year.Therefore, the assessee cannot be held liable for interest under Section 234B of Income Tax for short-fall of advance tax which arises due to reducing the income tax deductible …

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court
3 years, 7 months ago

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court

Live Law  

The Supreme Court observed that a motor accident claim petition does not abate even after the death of the injured claimant.The right to sue survive to his heirs and legal representatives in so far as loss to the estate is concerned, the bench comprising Justices Navin Sinha and R. Subhash Reddy.The court added that the loss of estate would include …

Special Scheme For Motor Accident Claims- Delhi High Court To Consider Functioning Of Special Committees, Financial & Infrastructure Concerns
3 years, 8 months ago

Special Scheme For Motor Accident Claims- Delhi High Court To Consider Functioning Of Special Committees, Financial & Infrastructure Concerns

Live Law  

Expediting the process of implementation of the Special Scheme formulated by it regarding motor vehicle claims, the Delhi High Court is set to consider the suggestions regarding the functioning of Implementation Committee, Fast Track Committee and Arrears Committee constituted by the Court for givng effect to the Scheme clubbed with other concerns regarding financial and. Expediting the process of implementation …

Supreme Court To Examine Methods To Expedite Compensation In Motor Accident Cases
4 years ago

Supreme Court To Examine Methods To Expedite Compensation In Motor Accident Cases

Live Law  

The Supreme Court is set to examine methods to expedite the grant of compensation in motor accident cases. The direction has come after Supreme Court decided to consider the issue of payment of victim compensation online pan India while adjudicating cases under Motor Accidents Claims Act and contemplate on the other issues that would help speed up the adjudication process …

Motor Accidents Claims Tribunal awards reduced compensation to petitioner
4 years, 1 month ago

Motor Accidents Claims Tribunal awards reduced compensation to petitioner

The Hindu  

The Motor Accidents Claims Tribunal, Chennai, has cut compensation by 30% for an electrician after it was found that he was driving a motorcycle while inebriated and also did not have a valid driving licence or vehicle insurance. He named A.K.T Arunachalapandian, owner of the other motorcycle, and its insurer United India Insurance Co. Ltd. as respondents. In its response, …

Fundamental Duty Of Motor Accident Claims Tribunal To Arrive At A Conclusion And Award Just Compensation: Bombay HC [Read Judgment]
5 years, 5 months ago

Fundamental Duty Of Motor Accident Claims Tribunal To Arrive At A Conclusion And Award Just Compensation: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently observed that it is the fundamental duty of Motor Accident Claims Tribunal to arrive at a proper conclusion and award just compensation. The court concluded that a 'cryptic judgment' passed by MACT deserves remand and allowed an appeal filed by the Oriental Insurance Company Ltd. Justice Vibha Kankanwadi of Aurangabad bench set aside a judgment …

Income Tax Cannot Be Levied On Interest From Motor Accident Compensation : Bombay HC [Read Judgment]
5 years, 7 months ago

Income Tax Cannot Be Levied On Interest From Motor Accident Compensation : Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that interest awarded on compensation in motor accident cases is not 'income' and therefore not liable to be taxed under the Income Tax Act 1961. Shah filed the petition seeking Court's opinion whether income tax department was justified in taking away 30% of the interest on the compensation amount which …

Motor Accident Claims : 2018 Annual Round Up
6 years, 2 months ago

Motor Accident Claims : 2018 Annual Round Up

Live Law  

This is a compilation of major judgments of 2018 in the field of motor accident claims compensation.Owner as per RTO records liable for accident, if transfer is not recordedIn Naveen Kumar vs Vijay Kumar and others, the SC reiterated the legal position that it is the registered owner of the vehicle as per RTO records who is liable for accident …

Motor Accident Claims : 2018 Annual Round Up
6 years, 2 months ago

Motor Accident Claims : 2018 Annual Round Up

Live Law  

This is a compilation of major judgments of 2018 in the field of motor accident claims compensation.Owner as per RTO records liable for accident, if transfer is not recordedIn Naveen Kumar vs Vijay Kumar and others, the SC reiterated the legal position that it is the registered owner of the vehicle as per RTO records who is liable for accident …

What More Documents Could Have Been Filed To Prove The Accident: SC Relief To Family Of A Man Who Died In Mishap [Read Judgment]
6 years, 4 months ago

What More Documents Could Have Been Filed To Prove The Accident: SC Relief To Family Of A Man Who Died In Mishap [Read Judgment]

Live Law  

“In our view, what more documents could be filed than the documents filed by the appellants to prove the factum of the accident and the persons involved therein.”Fifteen years after a man died in an accident, his family got the compensation from the Supreme Court, which reversed the concurrent findings of the high court and the Motor Accidents Claims Tribunal …

What More Documents Could Have Been Filed To Prove The Accident: SC Relief To Family Of A Man Who Died In Mishap [Read Judgment]
6 years, 4 months ago

What More Documents Could Have Been Filed To Prove The Accident: SC Relief To Family Of A Man Who Died In Mishap [Read Judgment]

Live Law  

“In our view, what more documents could be filed than the documents filed by the appellants to prove the factum of the accident and the persons involved therein.”Fifteen years after a man died in an accident, his family got the compensation from the Supreme Court, which reversed the concurrent findings of the high court and the Motor Accidents Claims Tribunal …

MACT Claims: HC Should Assign Reasons For Not Granting Enhancement Of Compensation Or Reduction: SC [Read Judgment]
6 years, 6 months ago

MACT Claims: HC Should Assign Reasons For Not Granting Enhancement Of Compensation Or Reduction: SC [Read Judgment]

Live Law  

‘It was, therefore, necessary, for the High Court to assign the reasons for not granting enhancement of compensation and/or its reduction.’The Supreme Court reiterated that the High court while sitting in appeal above a MACT order, should assign the reasons for not granting enhancement of compensation and/or its reduction.The Motor Accident Claims Tribunal had awarded an amount of. ‘It was, …

Proceedings Before Motor Accident Cases Tribunal Are Inquisitorial In Nature: Calcutta HC [Read Judgment]
6 years, 10 months ago

Proceedings Before Motor Accident Cases Tribunal Are Inquisitorial In Nature: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court recently held that proceedings before the Motor Accident Cases Tribunal are inquisitorial in nature.The Bench comprising Justice Protik Prakash Banerjee and Justice Dipankar Datta explained, ". The Calcutta High Court recently held that proceedings before the Motor Accident Cases Tribunal are inquisitorial in nature. With regard to the liability fastened on the scooter driver, the Court …

Motor Accident Claim: SC Refuses To Entertain Contention Of Insurance Company Regarding Contributory Negligence On Part Of Driver [Read Judgment]
7 years ago

Motor Accident Claim: SC Refuses To Entertain Contention Of Insurance Company Regarding Contributory Negligence On Part Of Driver [Read Judgment]

Live Law  

While hearing an appeal against a 2017 Delhi High Court judgment in a motor accident claim, a Supreme Court bench of Justice Kurian Joseph and Justice Mohan M Shantanagoudar recently refused to entertain the contention of the insurance company that the contributory negligence of the taxi driver had not been established.Both the Motor Accidents Claims Tribunal, as well as the …

Motor Accident Claim: SC Refuses To Entertain Contention Of Insurance Company Regarding Contributory Negligence On Part Of Driver [Read Judgment]
7 years ago

Motor Accident Claim: SC Refuses To Entertain Contention Of Insurance Company Regarding Contributory Negligence On Part Of Driver [Read Judgment]

Live Law  

While hearing an appeal against a 2017 Delhi High Court judgment in a motor accident claim, a Supreme Court bench of Justice Kurian Joseph and Justice Mohan M Shantanagoudar recently refused to entertain the contention of the insurance company that the contributory negligence of the taxi driver had not been established.Both the Motor Accidents Claims Tribunal, as well as the …

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]
8 years, 9 months ago

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

Live Law  

In a very significant judgment, the Madras High Court has held that the compensation awarded by the Motor Accident Claims Tribunal to accident victims cannot be subjected to TDS and Income Tax since the compensation and the interest awarded therein does not fall under the term 'income' as defined under the Income Tax Act, 1961.Referring to a Himachal Pradesh High …

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]
8 years, 9 months ago

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

Live Law  

In a very significant judgment, the Madras High Court has held that the compensation awarded by the Motor Accident Claims Tribunal to accident victims cannot be subjected to TDS and Income Tax since the compensation and the interest awarded therein does not fall under the term 'income' as defined under the Income Tax Act, 1961.Referring to a Himachal Pradesh High …

Himachal High Court Quashes Circular of Income Tax department
10 years, 5 months ago

Himachal High Court Quashes Circular of Income Tax department

India TV News  

Shimla: The Himachal High Court yesterday quashed a circular of Income Tax department regarding deduction of income tax on the award and interest accrued on them by court in Motor Accident Claims cases. Passing the orders on a Public Interest Litigation, a division bench consisting of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan said the circular of …

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