STATE BANK OF INDIA ,MANGALORE vs. INCOME TAX OFFICER, TDS , MANGALORE
What did the Tribunal hold?
The Tribunal held that LTC for foreign travel is not exempt under Section 10(5) of the Income Tax Act, and therefore, the assessee was liable to deduct TDS. The Supreme Court's decision in the assessee's own case affirmed this position.
What were the facts?
The assessee, State Bank of India, failed to deduct Tax Deducted at Source (TDS) on Leave Travel Concession (LTC) payments made to its employees for foreign travel. The Assessing Officer treated the bank as an assessee in default and levied penalty and interest.
What were the issues?
Whether the assessee bank was in default for not deducting TDS on LTC payments made for foreign travel, and if the interim stay from the Madras High Court provided any relief.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(5)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- 254 ITR 121 (Guj) ITO v. Gujarat Narmada Valley Fertilizers Co. Ltd.173 citing243 ITR 435 · 2000 · HC
- 247 ITR 305 (Guj) CIT v. Nestle India Ltd.172 citing140 ITR 832 · 1983 · HC
- CIT vs. Nicholas Piramal India Ltd (2008) 299 ITR 0356 (BOMBAY); CIT v. Semiconductor Complex Ltd.159 citing282 ITR 263 · 2006 · HC
- State Bank of India v. Assistant Commissioner of Income-tax35 citing144 Taxmann.com 131 · 2022 · SC · Read judgment
- CIT v. I.T.C. Ltd.9 citing220 Taxmann 414
Income Tax Appellate Tribunal, “B’’ BENCH: BANGALORE
Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI
PER CHANDRA POOJARI, ACCOUNTANT MEMBER:
These appeals by assessee are directed against different orders of NFAC for the assessment year 2016-17 dated 21.3.2024, wherein
The order continues below.
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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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