MAHENDAR KUMAR GOYAL, J. - (1.) This appeal is preferred against the judgment dated 03.03.2016 passed by learned MACT no.1, Jaipur Metropolitan, Jaipur in claim petition no. 459/2001 whereby, partly allowing the claim petition filed by the respondents-claimants, a compensation of Rs.20,74,680 has been awarded to the claimants on account of death of Shri Maharaj Krishna Fothedar.
(2.) Learned counsel for the appellant, assailing the findings of the learned Tribunal vide Issue no.4, relying on the judgments of the Hon'ble Apex Court of India in case of National Insurance Company Limited vs. Indira Srivastava and Ors.- 2008(1) T.A.C. 424(S.C.) and Vimal Kanwar and Ors. vs. Kishore Dan and Ors.- 2013 R.A.R. 118 (SC) contended that the learned Tribunal has erred in not deducting the income tax on the compensation payable to the claimants. She submitted that in spite of deduction of income tax from source as the deceased was salaried person, the law mandates further deduction of income tax on the total amount of compensation also.
(3.) Learned counsel appearing for the respondents-claimants, supporting the findings reported by the learned Tribunal, submitted that law does not stipulate deduction of income tax twice; once at the stage of payment of salary i.e. deduction at source in terms of Section 192(1) of the Income Tax Act, 1961 and again on the amount of compensation. He, therefore, prayed that the appeal be dismissed.;