File execution petition in NCDRC agasint builder, Builder will ask later for refund from IT dept.
ndcrc
Court ordered 11 June 2018, to give interest as compensation along with refund of the capital for a delayed flat. Builder deducted the TDS on the interest component illegally and has deposited it with the tax department. Deposit was made in last financial year 18-19 to the tax department. Which is fastest way to get the refund? 1. Appeal in the same case (refunds were given in October last year) in NCDRC for builder to refund the TDS amount and then builder can claim it from IT, OR file a fresh case in NCDRC for a refund from the builder giving reference of the our judgment, and earlier judgment of Hon' Shyam Sunder, Chandigarh on this issue, or any other way which is faster, since my CA tells me that the process of getting refund from IT will take not less than 2 years and also that we will need a judgment from high court or supreme court towards the issue that compensation ordered by the Hon' Court is not an income, so it will not attract tax.
Asked 7 years ago in Civil Law
23 Answers
You should file a fresh case against the builder along with relevant case laws and the court shall order accordingly.
Regards
File application in NCRDC to direct builder to refund TDS deducted on compensation paid as per court orders
Move an application in your case itself, it possible seeking refund of TDS illegally deducted by the builder.
Wenever any amount is paid by the Opposite Party as compensation for mental harassment and agony and/or failure of public duty upon the direction of the Consumer Fora, there arises no question of deduction of any TDS, notwithstanding the fact that the compensation awarded is termed and/or quantified as interest and any such payment does not fall within the ambit of section 194A of the Income Tax Act, 1961 read with Section 2(28A) of the same Act. The interest awarded to you on your case by NCDRC is no exception.
Court generally does not issue such certificate. All you need to do is file claim for Return Of TDS stating the all facts and circumstances and establishing that the compensation was for loss and injury not being an income receipt.
If tax authorities does not entertain your claim and logic and arguments you can challenge the same in tribunal and go further to High Court.
File ITR and claim refund in same. Tax on interest is applicable no tax on compensation is available.So in case he has deposited TDS on interest portion then file return deduct applicable tax and you will get remaining refund till august.
File a fresh petition in NCDRC for a refund and demand compensation along with interest.
Hi, it is advisable to file execution petition in civil court
1. You can file execution case in the NCDCR in the same case to claim the full refund. There is no need to file a fresh case.
2. No judgement is required to file such execution case and claim the full refund.
The said amount will not attract tax
Court ordered the builder to refund the capital with interest on June 11, 2018, gave three months to builder to pay and we filed an execution petition [deleted] and the Hon Court ordered the execution date by [deleted] then builder went to Hon' Supreme Court where his petition was rejected. Can I file execution petition again since builder paid after the Supreme Court Order and before the the date of execution, when he deducted the TDS.
Asked 7 years ago
Now file contempt for not honouring court order.
Yes, file the execution petition as I suggested earlier.
No execution petition is not maintainable once the order is executed. TDS is deposited only on the interest component and same is taxable.
Builder has already made payment after SC rejected his appeal
no execution petition can be filed now
Yes you can file
Should i be filing application with reference to our original case or an an application with reference to the execution petition saying that there has been only partial execution by the builder, with the judgment of Hon' Chandigarh, by Hon' judge Sh. Shyam Sunde, which also has reference of NRDRC stating clearly that compensation as interest is not taxable, and that this not income, and nomenclature can not supersede purpose.
Asked 7 years ago
file application with reference to your original case
You try filing miscellaneous application in earlier execution application seeking order that the complete execution has not be done.
It will be refering both execution application and original case.
Original and also mention execution details.
Meet the NCDRC office to know the format. Else engage an advocate who would draft the same and file it.
In my opinion, you may have to claim refund from IT department directly because the NCDRC may not interfere in this.
However if your advocate states that you can file another case before the same court seeking direction to the builder to refund the TDS , you may file it and may have to run for this for another year.
No case is maintainable as desired by you.
It was his right to prefer an appeal before supreme court hence that cannot be quoted as a reason for deduction of TDS.
You can claim refund based on the same judgment from IT department instead of filing a fresh case before the same court.
Now a days refund of income tax paid in excess is done very soon and not like what your CA told