Look into TDS deducted from Motor Accident Compensation Awards & lying as Unclaimed: SC directs Govt
Case Law Details
Case Name : Bajaj Allianz General Insurance Company Private Ltd. Vs Union of India (Supreme Court of India)
Appeal Number : Writ Petition(s)(Civil) No(s). 534/2020
Date of Judgement/Order : 27/01/2022
Related Assessment Year :
Courts :
Supreme Court of India
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Bajaj Allianz General Insurance Company Private Ltd. Vs Union of India (Supreme Court of India)
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A suggestion made by learned Amicus Curiae is that where TDS is applied as per Section 194-A of the Income Tax Act, 1961, “………………..the insurance companies/transport corporations/others should file the statutory Form 16-A immediately upon filing the returns of the TDS to the Income Tax Department and the MACTs. should endeavour to handover to the claimants/counsel on proper acknowledgment, the forms to facilitate speedier disbursement.”
The refund of concern , as read and understood, is of the TDS and the excess TDS.
What apears to have been oversighted is that the inevitable ‘ mortality’ of human being. In the context herein, if the victim of accident does not survive, it is to his successor-in-interst, the benefit of refund should pass on. For that to happen, in the normal course, instantly, with no hassle, as brought out in an Artcle displayed on this website itself, NOMINATION (X ‘WILL’) alone can serve the purpose ! < Anyone to dsagree ?!
Refer such a viewpoint likewise already shared on FB and Linkedin; in order to create an awareness of the fellow human beings !
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