KARNATAKA VIKAS GRAMEEN BANK,DHARWAD vs. INCOME TAX OFFICER, TDS WARD-1, HUBLI

ITA 1526/BANG/2017Status: DisposedITAT Bangalore28 February 2022AY 2008-0917 pages
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What did the Tribunal hold?

The Tribunal held that for Assessment Years 2008-09 and 2009-10, the orders passed under Section 201(1) and 201(1A) were barred by limitation as statements under Section 200 were filed. For Assessment Years 2010-11 and 2011-12, the orders were within time. The ground regarding no obligation to deduct TDS when the payee paid tax was dismissed due to lack of evidence.

What were the facts?

The assessee bank was found to have not deducted TDS on interest paid by its branches. The Assessing Officer (AO) initiated proceedings against the head office, treating it as an assessee in default for the defaults committed by its branches. The matter was remanded by the ITAT to the CIT(Appeals).

What were the issues?

Whether the orders passed under Section 201(1) and 201(1A) were barred by limitation, and whether there was an obligation to deduct TDS if the payee had already paid tax.

Which sections of the Income-tax Act were involved?

Section 194A,Section 201(1),Section 201(1A),Section 200,Section 201(3)

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Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri Ravishankar, Advocate
For Respondent: Shri Priyadarshi Mishra, Addl.CIT(DR)(ITAT), Bengaluru
Hearing: 24.02.2022Pronounced: 28.02.2022

Per Bench These appeals by the assesses are directed against the common orders of CIT(Appeals), Hubli dated 05/05/2017 for the Assessment Years 2008-09 to 2011-12. 2. Common grounds of Appeals has been raised in all these Appeals. For the sake of brevity, we reproduce grounds in ITA no. 1526/Bang/2017 below:-

“1. The impugned order of the Commissioner of Income Tax (Appeals), Hubli passed under section 250 read with section 254 of the of the Income Tax Act, 1961 is opposed to law, weight of evidence, probabilities, facts and circumstances of the Appellant's case.

ITA No.1526 to 1529/Bang/2017 2. The learned Com

The order continues below.

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