STATE BANK OF INDIA, KOLKATA MAIN BRANCH,KOLKATA vs. INCOME TAX TDS CIRCLE 3(1), KOLKATA

ITA 46/KOL/2026Status: DisposedITAT Kolkata18 September 2026AY 2017-1820 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that LTC is meant for travel within India and foreign travel does not qualify for exemption under Section 10(5). Consequently, the assessee was liable for tax deduction at source on such payments.

What were the facts?

The assessee, State Bank of India, claimed exemption for Leave Travel Concession (LTC) paid to its employees. The Revenue contended that LTC involving foreign travel is not eligible for exemption under Section 10(5) of the Income Tax Act.

What were the issues?

Whether LTC involving foreign travel is eligible for exemption under Section 10(5) of the Income Tax Act and the employer's liability for TDS on such payments.

Which sections of the Income-tax Act were involved?

Section 10(5),Section 192,Section 201(1)

AI-generated summary — verify with the full judgment below

ITA No. 1025/KOL/2026 & other appeals State Bank of India IN THE INCOME TAX APPELLATE TRIBUNAL, ‘SMC’ BENCH, KOLKATA Before Shri Duvvuru RL Reddy, Vice-President (KZ) Assessment Year: 2016-2017 SMECCC-SAR, Howrah, Ward-2(1), Kolkata, 106, Kiran Chandra Singha 10B, Middleton Row, Road, Kolkata-700071 Ganges Garden, Kolkata- 711101 [PAN:AAACS8577K] APPELLANT RESPONDENT

Assessee by : Shri Vikash Saraogi, Advocate Revenue by : Smt. Sima Das Biswas, JCIT, Sr. DR & Assessment Year: 2017-2018 Circle-3(1), Kolkata Block-D, Samriddhi Bhawan, 10B, Middleton Row, 1, Strand Road, Kolkata- Kolkata-700071 700001 [PAN:CALSI2062B] APPELLANT RESPONDENT

Assessee by : Shri Vikash Saraogi, Advocate Revenue by : Smt. Sima Das Biswas, JCIT, Sr. DR & Assessment Year: 2017-2018 Circle-3(1), Kolkata, HOUSE, Kolkata-700016 Kolkata-700071 [TAN:CALSI2072E] APPELLANT RESPONDENT

Assessee by : Shri Vikash Saraogi, Advocate Revenue by : Smt. Sima Das Biswas, JCIT, Sr. DR & Assessment Year: 2017-2018

State Bank of Ind

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 10(5)

All 285 judgments and leading authorities on Section 10(5) →

Latest GST High Court judgments

Search GST case law →