No TDS deductible by Builder on Refundable Amount paid to Home-Buyers: Bombay HC

Sainath Rajkumar Sarode And Others Vs State of Maharashtra And Others (Bombay High Court)

Sainath Rajkumar Sarode (Petitioner) has been filed seeking directions for the recovery of arrears due to the Petitioners under a Recovery Warrant dated October 15, 2018 passed by the Maharashtra Real Estate Regulatory Authority against Respondent Nos. 4 to 7.

In the instant case, the Respondents 4 to 7 were to pay payment under the Recovery Warrant to the Petitioner in terms of installments. Nevertheless, for the instalment due on July 20, 2021, Respondent Nos. 4 to 7 deducted 10% of the amount, as tax deductible at source (“TDS”) on the amount of interest under the Recovery Warrant and the Consent Terms.

The Petitioner contended that the amounts payable to the Petitioners under the Recovery Warrant is in the nature of a judgment debt, being compensatory amounts payable to the Petitioner, owing to the failure of Respondent Nos. 4 to 7 to satisfactorily discharge their contractual and statutory obligations under the Real Estate (Regulation & Development Act), 2016 (RERA Act).

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