KAIPUZHA SERVICE CO-OPERATIVE BANK LTD.NO.3793, vs. THE COMMISSIONER OF INCOME TAX (TDS),
What did the High Court hold?
The High Court of Kerala allowed the writ petition. The Court took note of the concession made by the learned Standing Counsel appearing for the first respondent (Commissioner of Income Tax (TDS)). Based on this concession, the Court declared that there would be no requirement of deducting tax at source in the case of payment of interest from the Kottayam District Co-operative Bank to the petitioners. The reasoning was directly predicated on the revenue's admission that the exemption under Section 194A(3)(v) was applicable. The ratio decidendi is that where the revenue concedes the applicability of a statutory exemption, the Court will grant relief accordingly. The operative direction was to allow the writ petition and declare the exemption from TDS.
What were the facts?
The petitioners, three Primary Agricultural Credit Societies, challenged communications from the Kottayam District Co-operative Bank. These communications, based on Income Tax Department advice, stated that interest payable to the petitioners on their Fixed Deposits with the Bank would be subject to Tax Deducted at Source (TDS). The petitioners contended that as per Section 194A(3)(v) of the Income Tax Act, interest paid by one Co-operative Society to another is exempt from TDS. They argued that the interest income from the Kottayam District Co-operative Bank to them should be treated as a payment between two Co-operative Societies, thus falling under the exemption. The assessment years are not specified. The dispute centers on the applicability of TDS provisions to interest income received by the petitioner societies.
What were the issues?
1. Whether the interest income paid by the Kottayam District Co-operative Bank to the petitioner Primary Agricultural Credit Societies is exempt from Tax Deducted at Source (TDS) under Section 194A(3)(v) of the Income Tax Act, 1961. Assessee's Contention: The petitioners argued that the interest paid by the Kottayam District Co-operative Bank to them constitutes income paid by a Co-operative Society to another Co-operative Society. Therefore, the exemption under Section 194A(3)(v) should apply, meaning TDS is not required on such interest payments. They relied on the plain reading of the provision which exempts income paid by a co-operative society to any other co-operative society. Revenue's Contention: The revenue, through a statement filed by its Standing Counsel, conceded that the petitioners would be entitled to the benefit of the exemption provided under Section 194A(3)(v) of the Income Tax Act. No specific authorities or precedents were cited by the revenue in the judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT The petitioners are Primary Agricultural Credit Society registered under the provision of the Kerala Co-operative Societies Act. In the writ petition, the petitioners are aggrieved by Exts.P1 and P3 communications received from the General Manager, Kottayam District Co-operative Bank, intimating them, based on the advice received from the Income Tax Department, that the interest payable to them on the Fixed Deposits maintained with the Bank is not exempt from the procedure for tax deduction at source (TDS) and that tax would be deducted at source and remitted to the Government on such interest payments. It is the case of the petitioners that the interest income accruing to it is from the deposits made by the petitioners with the kottayam District Co-operative Bank and hence, as per the provisions of Section 194A(3)(v), the provisions of sub section (1) thereof, which contemplate a deduction of tax at source would not apply in cases where the income is paid by a Co-operative Society to any other Co- operative Society. It is the case of the petitioner that the payment of interest from the Kottayam District Co-operative Bank to the petitioners have to be viewed as a payment of income by a Co-operative Society to another Co- operative Society and hence the provisions of Section 194A (3)(v) would apply to exclude the receipts of interest income by the petitioners from the requirement of tax deduction at source. Through a statement filed by the learned Standing Counsel appearing on behalf of the 1st respondent, it is conceded that the petitioners would get
WP(C).No.10712 OF 2019 4 the benefit of the exemption provided under Section 194A(3)(v) of the Income Tax Act. Taking note of the statement, I allow the writ petition by declaring that there will be no requirement of deducting tax at source in the case of payment of interest from the District Co-operative Bank Kottayam to the petitioners. A.K.JAYASANKARAN NAMBIAR JUDGE SJ
WP(C).No.10712 OF 2019 5
Appendix — schedule of exhibits
More judgments on Section 194A(3)(v)
- The Vijapur Taluka Co-Operative Purchase… vs Income Tax Officer, Ward-1, PatanITA 925/AHD/2026[2017-18]Status: Disposed5 Oct 2026AY 2017-18
- ITO(TDS)-1(2)(1), Mumbai vs Dattatray Maharaj Kalambe Jaoli Sah. Bank…ITA 7429/MUM/2026[2017-18]Status: Disposed21 Sept 2026AY 2017-18
- ITO (TDS)-1(2)(1), Mumbai vs Dattatray Maharaj Kalambe Jaoli Sah. Bank…ITA 7428/MUM/2026[2018-19]Status: Disposed21 Sept 2026AY 2018-19
- ITO (TDS)-1(2)(1), Mumbai vs Dattatray Maharaj Kalambe Jaoli Sah. Bank…ITA 7427/MUM/2026[2018-19]Status: Disposed21 Sept 2026AY 2018-19
- ITO (TDS)-1(2)(1), Mumbai vs Dattatray Maharaj Kalambe Jaoli Sah. Bank…ITA 7426/MUM/2026[2019-20]Status: Disposed21 Sept 2026AY 2019-20
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