Hon'ble V.K Bist, J.
Issue notice to the respondent fixing 26th April, 2012, by registered post, acknowledgment due.
Steps to be taken within two days.
List this matter on 26 April, 2012.
C.L.M.A No. 2172 of 2012 (Stay Application)
Heard.
The petitioner has challenged the order dated 22.02.2012 passed by the Motor Accident Claims Tribunal, Nainital, by which the petitioner has been directed to deposit the amount deducted by him as T.D.S from the interest earned on the amount of compensation of Rs. 11,75,087/- in which interest of Rs. 6,18,367/- was accrued. Out of it, tax deducted at source was Rs. 1,23,673/-.
The submission of the learned counsel for the petitioner is that the learned Tribunal, while passing the order, has totally ignored the provisions of law, which provides that where the interest is paid or credited on compensation awarded by the Motor Accident Claims Tribunal, if the amount of payment or the aggregate amount of such payment does not exceed Rs. 50,000/-, the tax shall not be deducted at source. He also submitted that the petitioner has already paid the amount of interest to the claimant and the T.D.S amount has been deposited with the Income Tax Department, therefore, in such situation, the petitioner cannot be compelled to deposit that amount again in the Court of Motor Accident Claims Tribunal.
After considering the submission of the learned counsel for the petitioner and after going through the entire material available on record, it is directed that till the next date of listing, operation of the order dated 22.02.2012 passed by the Motor Accident Claims Tribunal/IIIrd F.T.C, Nainital in M.A.C.T Execution Case no. 48 of 2011 (annexed as Annexure no. 1 to the writ petition), shall remain stayed.
Application stands disposed of.
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