STATE BANK OF INDIA,CHENNAI vs. ACIT TDS, CHENNAI
What did the Tribunal hold?
The Tribunal held that the assessee (State Bank of India) was rightly considered in default for not deducting TDS on LTC payments involving foreign travel. The exemption under Section 10(5) is not available for foreign travel, and the bank's reliance on court orders did not absolve it of its TDS obligation during periods without specific stays.
What were the facts?
The assessee, State Bank of India, was directed to provide details of Leave Travel Concession (LTC) payments made to employees, specifically foreign travel. The Assessing Officer held the bank in default for not deducting TDS on LTC claims involving foreign travel, citing a Supreme Court judgment.
What were the issues?
Whether the assessee bank is liable for non-deduction of TDS on LTC payments made for foreign travel, and if court orders provided a valid defense against such liability.
Which sections of the Income-tax Act were involved?
Section 10(5),Section 192B,Section 201,Section 201(1A)
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- State Bank of India v. Assistant Commissioner of Income-tax35 citing144 Taxmann.com 131 · 2022 · SC · Read judgment
Before: Shri S.S. Viswanethra Ravi & Shri Jagadish
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 21.03.2024 passed by the Addl/JCIT(1)-1, Coimbatore for the assessment year 2015-16. 2. The assessee raised 17 grounds of appeal, amongst which, the only issue emanates for our consideration as to whether the ld. CIT(A) is justified in confirming the order passed under section 201/201(1A) of the Income Tax Act,
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More judgments on Section 10(5)
- Sbi, (Erstwhile Sbbj), Baran vs ITO (TDS), KotaITA 143/JPR/2026[2017-18]Status: Disposed13 Oct 2026AY 2017-18
- State Bank of India, Ahmedabad vs ITO, TDS, BharuchITA 536/SRT/2026[2017-18]Status: Disposed25 Sept 2026AY 2017-18
- State Bank of India, Ahmedabad vs ITO, TDS, BharuchITA 535/SRT/2026[2016-17]Status: Disposed25 Sept 2026AY 2016-17
- State Bank of India, Ahmedabad vs ITO, TDS Ward 2, SuratITA 472/SRT/2026[2016-17]Status: Disposed25 Sept 2026AY 2016-17
- State Bank of India, Ahmedabad vs ITO, TDS Ward-3, SuratITA 471/SRT/2026[2016-17]Status: Disposed25 Sept 2026AY 2016-17
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