Smt. Sobaida Khatun & Shabia Khatun. filed a consumer case on 22 Feb 2017 against Divisional Manager, Bajaj Allianz General Insurance Co. Ltd. in the West Tripura Consumer Court. The case no is CC/83/2016 and the judgment uploaded on 02 Nov 2018.
Divisional Manager, Bajaj Allianz General Insurance Co. Ltd. - Opp.Party(s)
Dr.P.Banik.
22 Feb 2017
ORDER
Learned advocate for the O.P. appeared.
No step taken by the complainant.
We have already heard arguments on the earlier date.
Gone through the documents submitted by both the parties.
Form 16 A is submitted today by the O.P.-Bajaj Allianz General Insurance Co. Ltd. We have gone through the Form No. 16 A and the order of the Commissioner under Employees Compensation Act. It is found that award was given by the Commissioner Employees Compensation Act. From that award tax Rs.66,600/- was deducted from the source as I.T. Petitioner is not a tax payer and he claimed that this amount was deducted without his consent and due to that deficiency of service he suffered. Learned advocate for the petitioner submits that without any consent from the petitioner and without the order of the Commissioner of the Employees Compensation Act the amount was deducted which is deficiency of service. Deduction of the amount is established from the Form 16 A. The deductor is not supposed to deduct it without the consent of the petitioner. Petitioner may not be income tax payee. It is observed by the Commissioner that when the amount of interest exceeds Rs.50,000/- in a financial year then only income tax can be deducted. Interest in come did not exceeds Rs.50,000/- in any way. Instead of that the amount was deducted from the source by Bajaj Allianz General Insurance Co. Ltd. There is a procedure for refund of the deposited amount from the income tax as it was taken unnecessarily and illegally. Therefore, as per procedure the amount should be refunded to the petitioner Sobaida Khatun. The Bajaj Allianz General Insurance Co. Ltd. also should help the petitioner Sobaida Khatun so that she can get the refund of the amount. Income tax authority also is to take care for refund of the amount Rs.66,600/- if it is taken illegally.
This consumer's Court can not go beyond its jurisdiction. So, with this observation and direction the case is disposed.
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