Tds on refund
I had applied for a property(built up house) at Mohali, which was allotted to me in 2010 in construction linked plan. As per agreement the same is to delivered by Dec 2012. The plan was CLP, the payments were made on time. In 2013, the construction was stopped and so is any further demand. On enquiring, it is found that there is some dispute between builder partners and they are alleging cancelling the allotments. Till this time i had already paid more than 80% of the cost. I had filed a case in state consumer forum in 2014 . In consumer forum , builder has responded that he is already allotted my house to a new buyer at double of my allotted price because he has served me cancellation , as i failed to take possession of the property. The consumer court has responded that since the property has got third party interest created in the matter , so either we should file civil suit or seek relief in form of refund. We had withdrawn the case and refile the same ammending the relief clauses as: 1. Provide us the same unit. 2. or Provide us alternate unit 3. or Refund the amount with interest. The court has decided the matter in our favor and quoted in the judgment that the cancellation was false and frivolous and recorded that the consumer has been put to great loss by reallotting the villa to other buyer and they have lost the opportunity of owing a house for residential purposes. The judgement has ordered : 1. Rs. 3L complensation 2. Refund of the deposit amount with interest.
Now my query is that , the amount that i am going to get over and above my investment in form of compensation and interest is liable of TDS. I have seen several judgement and construed that the refund is not liable for TDS in case the same is granted in lieu of alleged cancellation of right to property. Kindly clarify.