M/S NATIONAL CO OPERATIVE BANK LTD vs. THE ASST. COMMISSIONER OF INCOME

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF JULY 2016

PRESENT

THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA ITA NO.597/2015 C/W ITA NOS.598/2015, 599/2015, 600/2015, 601/2015 AND 602/2015

IN ITA NO.597/2015

BETWEEN:

M/S. NATIONAL CO-OPERATIVE BANK LTD GANDHI BAZAAR BRANCH, REPRESENTED BY ITS BRANCH HEAD SRI.K.S. SUBBARAYA, NO.73/1, GANDHI BAZAAR MAIN ROAD, BANGALORE-560 004. ... APPELLANT (BY SRIYUTHS A SHANKAR & M LAVA, ADVOCATES)

AND:

THE ASST. COMMISSIONER OF INCOME TAX (TDS), CIRCLE 16(2),

2 HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032. ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT)

THIS APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:08/05/2015 PASSED IN C.O.NO. 65/BANG/2014 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO.1404/BANG/2014, FOR THE ASSESSMENT YEAR 2011-12 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR 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 ITAT, BENGALURU IN C.O.NO. 65/BANG/2014 DATED:08/05/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1404/BANG/2014 OF THE APPEAL OF THE REVENUE RELATING TO ASSESSMENT YEAR 2011-12.

IN ITA NO.598/2015:

BETWEEN:

M/S. NATIONAL CO-OPERATIVE BANK LTD., KORAMANGALA BRANCH, REPRESENTED BY ITS BRANCH HEAD SRI B NAGARAJA, NO.6, ROYAL ARCADE BUILDING, 100 FEET ROAD, KORAMANGALA INDUSTRIAL AREA, BANGALORE-560 095. ... APPELLANT (BY SRIYUTHS A SHANKAR & M LAVA, ADVOCATES)

3 AND:

THE ASST. COMMISSIONER OF INCOME TAX (TDS), CIRCLE 16(2), HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032. ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT)

THIS APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:08/05/2015 PASSED IN C.O.NO. 66/BANG/2014 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO.1405/BANG/2014, FOR THE ASSESSMENT YEAR 2011-2012 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR 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 ITAT, BENGALURU IN C.O.NO. 66/BANG/2014 DATED:08/05/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1405/BANG/2014 OF THE APPEAL OF THE REVENUE RELATING TO ASSESSMENT YEAR 2011-12.

IN ITA NO.599/2015:

BETWEEN:

M/S. NATIONAL CO-OPERATIVE BANK LTD VIJAYANAGAR BRANCH, REPRESENTED BY ITS BRANCH HEAD SRI.SURESH B.N., NO.82/2, 1ST ‘A’ MAIN ROAD,

4 M.C.LAYOUT, VIJAYANAGAR, BANGALORE-560 040. ... APPELLANT (BY SRIYUTHS A SHANKAR & M LAVA, ADVOCATES)

AND:

THE ASST. COMMISSIONER OF INCOME TAX (TDS), CIRCLE 16(2), HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032. ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT)

THIS APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:08/05/2015 PASSED IN C.O.NO. 68/BANG/2014 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1407/BANG/2014, FOR THE ASSESSMENT YEAR 2011-2012 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR 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 ITAT, BENGALURU IN C.O.NO. 68/BANG/2014 DATED:08/05/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1407/BANG/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11 ASSESSMENT YEAR 2011-12.

5 IN ITA NO.600/2015:

BETWEEN:

M/S. NATIONAL CO-OPERATIVE BANK LTD., SADASHIVANAGAR BRANCH, REPRESENTED BY ITS BRANCH HEAD SRI.RAMESH M.V., NO.5, 9TH MAIN ROAD, RAJMAHAL VILAS EXTENSION, (NEAR BDA MARKET), BANGALORE-560 080. ... APPELLANT (BY SRIYUTHS A SHANKAR & M LAVA, ADVOCATES)

AND:

THE ASST. COMMISSIONER OF INCOME TAX (TDS), CIRCLE 16(2), HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032. ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT)

THIS APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:08/05/2015 PASSED IN C.O. NO.67/BANG/2014 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1406/BANG/2014, FOR THE ASSESSMENT YEAR 2011-2012 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

6 PASSED BY THE ITAT, BENGALURU IN C.O.NO. 67/BANG/2014 DATED:08/05/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1406/BANG/2014 OF THE APPEAL OF THE REVENUE RELATING TO ASSESSMENT YEAR 2011-12.

IN ITA NO.601/2015:

BETWEEN:

M/S. NATIONAL CO-OPERATIVE BANK LTD BANASHANKARI 2ND STAGE BRANCH, REPRESENTED BY ITS BRANCH HEAD SRI.MUKUND KRISHNAPUR, NO.1998, 9TH MAIN ROAD, BANASHANKARI 2ND STAGE, BANGALORE-560 070. ... APPELLANT (BY SRIYUTHS A SHANKAR & M.LAVA, ADVOCATES)

AND:

THE ASST. COMMISSIONER OF INCOME TAX (TDS), CIRCLE 16(2), HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032. ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT)

THIS APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:08/05/2015 PASSED IN C.O. NO.63/BANG/2014 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1402/BANG/2014, FOR THE ASSESSMENT

7 YEAR 2011-2012 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR 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 ITAT, BENGALURU IN C.O.NO. 63/BANG/2014 DATED:08/05/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1402/BANG/2014 OF THE APPEAL OF THE REVENUE RELATING TO ASSESSMENT YEAR 2011-12.

IN ITA NO.602/2015:

BETWEEN:

M/S. NATIONAL CO-OPERATIVE BANK LTD BANASHANKARI 3RD STAGE BRANCH, REPRESENTED BY ITS BRANCH HEAD SMT.GIRIJA B.N. NO.13 & 14, 1ST CROSS, 1ST BLOCK ANJANEYA LAYOUT, BANASHANKARI 3RD STAGE, BANGALORE-560 085. ... APPELLANT (BY SRIYUTHS A SHANKAR & M.LAVA, ADVOCATES)

AND:

THE ASST. COMMISSIONER OF INCOME TAX (TDS), CIRCLE 16 (2), HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032. ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT)

8 THIS APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:08/05/2015 PASSED IN C.O.NO. 64/BANG/2014 IN ITA NO.1403/BANG/2014, FOR THE ASSESSMENT YEAR 2011-2012 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 64/BANG/2014 DATED:08/05/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1403/BANG/2014 OF THE APPEAL OF THE REVENUE RELATING TO ASSESSMENT YEAR 2011-12.

THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JAYANT PATEL J., DELIVERED THE FOLLOWING:

JUDGMENT

The learned Counsel appearing for the appellant- assessee states that in view of the decision of this Court dated 21.06.2016 passed in ITA No.604/2015 and allied matters, which were preferred by the Revenue against the order of the Tribunal on merits, the appellants are not pressing the present appeals at this stage, since this Court has dismissed all the appeals of the Revenue. He

9 states that he does not press the present appeals but seeks the liberty to press the question of limitation by revival of the appeals, in the event the Revenue carries the matter before the Apex Court against the order dated 21.06.2016 in ITA No.604/2015 and allied matters and the Hon’ble Apex Court on merits finds that the TDS was deductable.

Sd/- JUDGE

Sd/- JUDGE

JT/-