CCIT (TDS) v. Oriental Insurance Co. Ltd. (2023) 295 Taxman 320 (SC) Editorial: SLP granted, Oriental Insurance Co. Ltd. v. CCIT (TDS)(2022) 445 ITR 300/ 287 Taxman 522 (Guj)(HC)

S. 194A : Deduction at source-Interest other than interest on securities-Interest awarded by Motor Accidents’ Tribunal under Motor Vehicles Act-Not income-Not liable to deduct tax at source-Any provision for deduction of tax at source in the section would not govern the taxability of the receipt-SLP granted to the Revenue. [S. 2(24), 56(2)(vii), 145A, 145B, 194A(3), Motor Vehicles Act, 1988, S. 171, Art. 136]

High Court  held that term ‘income’ as defined in section 2(24) does not include ‘interest’ referred to in section 56(2)(viii) or interest received in MACT award and thus, interest awarded in motor accident claim cases from date of claim petition till passing of award, or in case of appeal, till judgment of High Court in such appeal, would not be exigible to tax, not being an income. Court also held that  neither clause (b) of section 145A, as it stood at relevant time, nor clause (viii) of sub-section (2) of section 56 make interest awarded in motor accident claim chargeable to tax, whether such interest is income of recipient or not. High Court also held that  when interest is paid, if same is received not in name of ‘income’, then section 194A(3) would not operate and therefore, interest on compensation not being taxable at all, there is no question of deducting tax on same under section 194A and insurance companies or owners of motor vehicles depositing requisite amount in due compliance with awards of Motor Accident Claims Tribunals shall deposit full amount with Tribunal and shall not deduct tax under section 194A on interest awarded by Motor Accident Claims Tribunal. SLP was granted against the order of High Court. (AY. 2017-18)