- (1.) Having considered the affidavits and the material produced by both the sides, and having taken into account the submissions urged by counsel, we clarify the order passed by us on 16/01/1987 by issuing further directions in the following terms :- 1. The sum of Rs. 57,08,214. 00 claimed by the income-tax Department as per letter dated February 23, 1987 (Annexure 'd' at page 51 of the paper Book) may be paid by the ONGC directly to the competent authority 810 on behalf of the Western Company under protest and without prejudice to the rights and contentions of the Western Company and the said amount may be deducted from the amount which we have directed ONGC to remit to the Western Company.
(2.) The income-tax in regard to the amount which we have directed to be remitted to Western Company may be deducted at the rates specified in the letter of the Inspecting Assistant Commissioner of income-tax, dated 12/02/1987 also under protest and without prejudice on behalf of the Western Company and the same may be deducted from the amount we have directed the ONGC to remit to Western Company.
(3.) So far as the question of interest is concerned, interest should be computed with the expiry of 30 days from the date of receipt of the invoice, and the payment will be without prejudice to the contention of the ONGC that interest is not payable at all and it will be subject to 3 (b). 3. (B) The Western Company will file an undertaking within four weeks from today in this court that in case the ONGC ultimately succeeds, the said amount will be refunded to ONGC.;