case the facts are different. The payment of procurement price
by way of initial payment and additional price/withheld price ... withheld price and allotment of equity shares out
of the withheld price/ The fixation of withheld price and allotment of equity
shares out of withheld
withheld, till the date of actual payment together, with the delayed payment of 25% of the withheld pension. In this regard, the Superintending Engineer, Bridges ... annum, on the withheld DCRG amount from the date, on which, it was withheld, till the date of actual payment of the same and also
withheld payments.
9. Once again we request you to kindly give us
the final account statement after considering the
payments withheld by BSES & accounting ... withheld payments. In this e-mail the
respondent urged the petitioner to send a final account statement after
considering the payments withheld by the BSES
COMM) 83/2017 Page 2 of 25
raised a dispute regarding payment of additional amount for use of fly ash and sand
for sub grade ... same.
Claim No.3 Kindly award interest @ 18% per annum on payments
withheld for the works done so far from the date the payment became
principle of audi alteram partem is violated.
11. In regard to payment of amount to the
petitioner which is due to him. The respondents admitted ... availability of funds. It is
once again assured that withheld payment would
be made to the petitioner as per his entitlement
as soon
submissions of the
Appellant that no tax is required to be withheld on payment of
commission to non-resident agents as the same ... Impex has also held that no tax is
required to be withheld on payment of foreign commission. With regard
to the applicability of provisions
payment pursuant thereto, was without authority of law.
The payment due to the petitioner was not released and continued to be
withheld. During the pendency ... agreement between the parties. However, suddenly the respondent no.1
withheld payment of petitioner on the ground that respondent no.3 had
breached the price
needless to mention that the
respondents have erroneously withheld
payment of gratuity amount for which the
appellants herein are entitled in law for
payment
Moreover A/T, is silent on payment of interest on delayed
payment. Thus, aforesaid claim is rejected as there is no
supporting rationale given ... petitioner, the respondent had prima
facie withheld payments due without any rhyme or reason. In fact, a perusal
of the order of this court dated
their clearance, there was no duty
payable, there was no question of payment of any interest under Section
61(1) , such interest being ... compensatory in character and is imposed on an assessee who
has withheld payment of any tax as and when it is due and
payable