New India Assurance Company Ltd. v. Ravinder Kumar @ Vickey. (2022) 289 Taxman 497/223 DTR 16 / (2023) 331 CTR 272 (P& H)(HC)

S. 194A : Deduction at source-Interest other than interest on securities-Interest on compensation-Motor Accidents Claims Tribunal award-TDS cannot be deducted by insurance companies on interest on compensation with effect from 1-6-2015 even if interest is beyond Rs. 50,000 in a particular year. [S. 2(24), 2(28A), 56(2), Form 15G, Rule, 29C, Motor Vehicle, Act. 1988]

As per the MACT award the claimant met with an accident and an accident and was awarded an amount along with interest from the date of the Claim petition till the passing of the award. An award was passed by the MACT, where by the Insurance company was directed to deposit the deducted amount of TDS along with interest to the claimants. On revision petition, dismissing the petition the Court held that TDS cannot be deducted by insurance companies on interest on compensation with effect from 1-6-2015 even if interest is beyond Rs. 50,000 in a particular year.  Where interest on compensation is paid prior to 1-6-2015, then Insurance Company will pay amount of tax deducted at source to claimants and Insurance Company may seek refund from Income-tax Authorities by filing a revised income tax return. However, where interest on compensation is actually paid after 1-6-2015, which is exceeding Rs. 50,000 per claimant per financial year, Insurance Company will pay on securing ‘Form 15-G’ of Rule 29-C of Income-tax Act/Rules from claimants. Matter remanded.