THE JALPAIGURI CENTRAL COOPERATIVE BANK LIMITED,JALPAIGURI vs. ITO (TDS), WARD 6(1), JALPAIGURI, JALPAIGURI

ITA 2148/KOL/2026Status: DisposedITAT Kolkata11 September 2026AY 2017-20188 pages
AI SummaryRemanded

What were the facts?

The assessee, a co-operative bank, failed to deduct TDS on interest paid. The Assessing Officer and the first appellate authority treated the assessee as in default for non-deduction of TDS on interest paid below Rs. 10,000, to other co-operative societies, and on savings accounts, and also disallowed credit for certain TDS challans. The assessee appealed to the ITAT.

What did the Tribunal hold?

The Tribunal admitted additional evidence filed by the assessee, which was not considered by the lower authorities. It found that the case required fresh examination of documents to determine the TDS liability. Therefore, the Tribunal set aside the orders of both the lower authorities.

What were the issues?

Whether the assessee bank correctly applied TDS provisions on interest payments, particularly concerning threshold limits, exemptions for co-operative societies, and the validity of Form 15G/15H declarations. The admissibility of additional evidence before the Tribunal was also a key consideration.

Which sections of the Income-tax Act were involved?

Section 194A,Section 201(1),Section 201(1A),Section 197A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH AT KOLKATA

Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Additional/Joint Commissioner of Income Tax (Appeals), Panaji [hereinafter referred to as Ld. ‘Addl/JCIT(A)'] passed u/s 250 of the ITA No(s). 2148/KOL/2026 Assessment Year(s) 2017-18 The Jalpaiguri Central Co-Operative Bank Limited. Income Tax Act, 1961 (hereinaf

The order continues below.

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