BANK OF INDIA, SHUKRAWAR PETH,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, (TDS), PUNE

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ITA 888/PUN/2019Status: DisposedITAT Pune30 June 2021AY 2009-106 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the orders passed by the AO were barred by limitation. Since the appeals were allowed on the legal ground of limitation, the issues on merits were not considered.

What were the facts?

The assessee-bank's branches accepted deposits and failed to deduct or short-deducted TDS on interest payments. The Assessing Officer (AO) passed orders under sections 201(1) and 201(1A) treating the bank as in default. The CIT(A) upheld these orders, rejecting the bank's contention that the AO's orders were time-barred.

What were the issues?

The primary issue was whether the orders passed by the AO under sections 201(1) and 201(1A) were time-barred, considering the provisions of section 201(3) of the Income-tax Act.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH, ‘A’ PUNE – VIRTUAL COURT

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Vasudevan Iyer
For Respondent: Shri S.P. Walimbe

Heard together (5 matters)

ITA No.888/PUN/2019
ITA No.889/PUN/2019
ITA No.890/PUN/2019
ITA No.891/PUN/2019
ITA No.892/PUN/2019

Read from the judgment's own cause title. This page is filed under one of them.

आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to:

1. 1. अपील र्थी / The Appellant; प्रत्यर्थी / The Respondent; 2.

3. The CIT(A), Pune-10 4. The CIT(TDS), Pune 5. DR, ITAT, ‘A’ Bench, Pune 6. ग र्ड फ ईल / Guard file.

आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 29-06-2021 Sr.PS 2. Draft placed before author 30-06-2021 Sr.PS 3. Draft proposed & placed before JM the second member 4. Draft discussed/approved by JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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