THE BHARAT CO OPERATIVE BANK vs. THE INCOME TAX OFFICER (TDS)

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 5th DAY OF OCTOBER, 2016

PRESENT

THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR ITA NO.226/2016 BETWEEN:

THE BHARAT CO-OPERATIVE BANK (MUMBAI) LTD., K.H.ROAD BRANCH REP. BY ITS DY. GENERAL MANAGER SRI. KISHORE D. KOTIAN NO.16, MONEY TERRACE, K.H.ROAD, NEAR KSRTC CENTRAL OFFICE BENGALURU-560 027. ….APPELLANT

(BY SRI. A.SHANKAR AND SRI. M.LAVA, ADVOCATES)

AND:

THE INCOME TAX OFFICER (TDS), WARD 2(2), 4TH FLOOR, H M T BHAVAN BELLARY ROAD BANGALORE-560 032. …RESPONDENT

THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN C.O.NO.196/BANG/2015 DATED 04.11.2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO.962/BANG/2015 OF THE APPEAL OF THE REVENUE RELATING TO ASSESSMENT YEAR 2011-2012.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JAYANT PATEL J, PASSED THE FOLLOWING:

ORDER

Learned counsel appearing for the appellant states that in view of the decision of this Court dated 21.06.2016 passed in ITA No.604/2015 and allied matters, he does not press the present appeal with liberty to press the question of limitation by revival of the present appeal in the event matter is carried by the revenue before Apex Court against the order dated 21.06.2016 in ITA No.604/2015 and allied matters as

well as in the present case and Hon’ble Apex Court on merits finds that TDS was deductable.

SD/-

JUDGE

SD/-

JUDGE

*sp