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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
DLF HOME DEVELOPERS LIMITED – Appellant
Versus
ANTO THOMAS – Respondent
| Table of Content |
|---|
| 1. facts of the case and sequence of arbitration and court proceedings. (Para 1 , 2) |
| 2. arguments regarding liability to deduct tds on interest under decree. (Para 3 , 4) |
| 3. court's ruling that tds not deductible from decretal interest. (Para 5) |
JUDGMENT
The question involved in this original petition is whether the petitioner/judgment debtor is liable to deduct TDS from the interest amount payable by them to a decree holder. The 2nd Additional District Court, Ernakulam by Exhibit P11 order dated 10.11.2025 in EP No.202 of 2023 directed the petitioner to pay the amount deducted as TDS under Section 195 of the Income Tax Act, 1961 to the respondents/decree holders and the said order is challenged.
2. The dispute between the petitioner and the respondents was referred to an Arbitrator and the Arbitrator by award dated 16.07.2018 directed the petitioner to refund the amount paid by the respondents with interest at the rate of 9% per annum from 05.10.2010 to 30.4.2018 and thereafter future interest at the rate of 9% per annum on the principal amount till the date of realisation. The petitioner challenged the award in Arbitration Appeal No.8 of 2021 before this Court. By ju
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