Jalgaon District Central Co-Operative Bank Ltd. v. Union of India

265 ITR 423High Court2004#2442 most cited

What is Jalgaon District Central Co-Operative Bank Ltd. v. Union of India authority for?

A CBDT circular restricting the definition of "member" under Section 194A(3)(v) to exclude nominal, associate, or sympathizer members of a co-operative society is invalid. Such a circular conflicts with the provisions of the Act and exceeds the powers granted to the CBDT under Section 119, meaning co-operative banks are not liable to deduct tax at source on interest paid to these members.

47

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Also referred to as

Jalgaon District Central Co-operative Bank · 265 ITR 423 · Section 194A(3)(v) · CBDT Circular quashed · definition of member · co-operative society interest · TDS exemption · nominal member · associate member · sympathizer member · Section 119 · ultra vires circular

Sections most often in play

Section 148Section 194ASection 194A(3)(v)Section 40(a)(ia)Section 143(3)Section 147Section 201Section 201(1)

Issues it is cited on

section 194a(3)(i)(b)section 194a(3)(v)section 194a(3)interest on securitiessection 194asection 201(1)assessee in defaultsection 194section 80p(2)(a)(i)section 201section 80psection 19

Judgments citing Jalgaon District Central Co-Operative Bank Ltd. v. Union of India

The Commissioner of Income Tax vs. The Karnataka State Apex

Appeals are dismissed

ITA/494/2015HC Karnataka27 Jun 2016

Bench: JAYANT PATEL,B.SREENIVASE GOWDA

Section 194Section 194A(3)(i)Section 194A(3)(v)Section 194A(3)(viia)Section 260

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF JUNE, 2016 PRESENT THE HON'BLE MR. JUSTICE JAYANT PATEL AND THE HON’BLE MR. JUSTICE B.SREENIVASE GOWDA I.T.A. NO.494/2015 BETWEEN: 1. THE COMMISSIONER OF INCOME –TAX TDS., NO.59, HMT BHAVAN, 4TH FLOOR BELLARY ROAD, GANGANAGAR BANGALORE – 560 032. 2. THE ASST.COMMISSIONER OF INCOME-TAX (TDS) CIRCLE-16(2) NO.59, HMT BHAVAN, 4TH FLOOR BELLARY ROAD, GANGANAGAR BANGALORE – 560 032. ... APPELLANTS (BY SRI.DILI…

The Commissioner of Income Tax vs. The National Co-Operative Bank Ltd

Appeals are dismissed

ITA/604/2015HC Karnataka21 Jun 2016

Bench: JAYANT PATEL,B.SREENIVASE GOWDA

Section 260

…Co-op Bank Ltd Vs. JCIT order dated 28.08.2013, the Tribunal proceeded on the footing that the aforesaid Circular as been quashed by the Hon’ble Bombay High Court in the case of The Jalgaon District Central Co- Operative Bank Ltd. Vs. Union of India 265 ITR 423(Bom) and therefore choose to follow the decision rendered by Pune ITAT SMC in the case of Bhagani Nivedita Sahakari Bank Ltd(supra). In our view the Hon’ble Bombay High Court in the case of Jalgaon District Central Co-Operative Bank Ltds case was dealing with a case of challenge to para 3 of CBDT Circular No.9 dated: 11.09.2002…

DCIT, Bangalore vs. M/S Citizen Co-Op Bank Ltd., Bangalore

In the result, appeal of the Revenue is dismissed

ITA 861/BANG/2015[2011-12]Status: DisposedITAT Bangalore08 Jan 2016AY 2011-12

Bench: Shri. N. V. Vasudevan & Shri. Abraham P. George

For Appellant: Shri. Muralikrishna, CAFor Respondent: Shri. G. R. Reddy, CIT – DR-I
Section 194ASection 194A(3)(i)Section 194A(3)(v)Section 194A(3)(viia)

…gal Urban Co-op Bank Ltd. Vs. JCIT order dated 28.8.2013, the tribunal proceeded on the footing that the aforesaid circular has been quashed by the Hon’ble Bombay High Court in the case of The Jalgaon District Central Co-operative Bank Ltd. Vs. Union of India 265 ITR 423 (Bom) and therefore chose to follow the decision rendered by Pune ITAT SMC in the case of Bhagani Nivedita Sahakari Bank Ltd. (supra). In our view the Hon’ble Bombay High ITA.861/Bang/2015 Page - 6 Court in the case of Jalgaon District Central Cooperative Bank Ltd.’s case was dealing with a case of challenge to para-3 of CBDT Circular No.9 date…

Commissioner of Income Tax-(TDS) vs. M/s.Neeladri Chit Funds Private Ltd

ITTA/505/2015HC Telangana06 Jan 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

ITO, Bangalore vs. The Bharat Co-Operative Bank (Mumbai) Ltd., Bangalore

In the result, the appeals by the Revenue and CO by the assessee are dismissed

ITA 962/BANG/2015[2011-12]Status: DisposedITAT Bangalore04 Nov 2015AY 2011-12

Bench: Smt. Asha Vijayaraghavan & Shri Jason P. Boaz

For Respondent: Dr. P.K. Srihari, Addl. CIT (DR)
Section 194ASection 194A(1)Section 194A(3)(i)Section 194A(3)(v)Section 201(1)Section 3

…gal Urban Co-op Bank Ltd. Vs. JCIT order dated 28.8.2013, the tribunal proceeded on the footing that the aforesaid circular has been quashed by the Hon’ble Bombay High Court in the case of The Jalgaon District Central Co-operative Bank Ltd. Vs. Union of India 265 ITR 423 (Bom) and therefore chose to follow the decision rendered by Pune ITAT SMC in the case of Bhagani Nivedita Sahakari Bank Ltd. (supra). In our view the Hon’ble Bombay High Court in the case of Jalgaon District Central Co- ITA Nos. 962 to 964/Bang/2015 & CO No.196/Bang/2015 Page 8 of 12 operative Bank Ltd.’s case was dealing with a case of challen…

M/S the Raddi Sahakara Bank Niyamitha, Dharwad vs. Income Tax Officer, Hubli

In the result, the appeals by the assessee are allowed, while the stay petitions are dismissed

ITA 368/BANG/2015[2010-11]Status: DisposedITAT Bangalore10 Jul 2015AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Mrs. Sheetal Borkar, AdvocateFor Respondent: Shri P. Dhivahar, Jt. CIT(DR)
Section 194ASection 194A(1)Section 201Section 201(1)Section 51

…to deduct tax at source in view of the provisions of Sec.194A(3)(v) of the Act. The Assessee also drew attention of the AO to the decision of the Hon’ble Bombay High Court in the case of The Jalgaon District Central Co- operative Bank Ltd. Vs. Union of India 265 ITR 423 (Bom). In the aforesaid case co-operative societies challenged Circular No.9 of 2002 dated 11th Sept. 2002 issued by the CBDT in the context of obligation to deduct tax at source by co-operative societies. As we have already seen that Sec. 194A of the IT Act, 1961, deals with interest other than interest on securities. Sub-s. (1) of s. 194A manda…

Income Tax Officer(TDS), Hubli vs. General Managar, Hubli

In the result, the appeals of the Revenue as well as the Cross-objection of the Assessee are dismissed

ITA 1192/BANG/2014[2010-11]Status: DisposedITAT Bangalore20 Mar 2015AY 2010-11

Bench: Shri. N. V. Vasudevan & Shri. Jason P. Boazi.T.A No.1191 To 1194/Bang/2014 (Assessment Year : 2009-10 To 2012-13) The Income Tax Officer (Tds) 3Rd Floor, Cr Bldg.Annexe, Navanagar, Hubli-580 025 .. Appellant Vs. The Hubli Urban Co-Operative Bank Ltd. Gf, Urban Bank Building, 1 Sir Siddappa Kambli Road, Hubli 580 020 .. Respondent Pan : Aaaah0120P C.O.Nos. 25 To 28/Bang/2015 In I.T.A No.1191 To 1194/Bang/2014 (Assessment Year : 2009-10 To 2012-13) The Hubli Urban Co-Operative Bank Ltd. Gf, Urban Bank Building, 1 Sir Siddappa Kambli Road, Hubli 580 020 .. Cross-Objector Pan : Aaaah0120P Vs. The Income Tax Officer (Tds) 3Rd Floor, Cr Bldg.Annexe, Navanagar, Hubli-580 025 .. Respondent Assessee By : Shri. G.V.Desai, Ca 1

For Appellant: Shri. G.V.Desai, CAFor Respondent: Dr.P.K.Srihari, Addl.CIT
Section 194Section 194ASection 194A(1)Section 201Section 201(1)Section 51

…gal Urban Co-op Bank Ltd. Vs. JCIT order dated 28.8.2013, the tribunal proceeded on the footing that the aforesaid circular has been quashed by the Hon’ble Bombay High Court in the case of The Jalgaon District Central Co-operative Bank Ltd. Vs. Union of India 265 ITR 423 (Bom) and therefore chose to follow the decision rendered by Pune ITAT SMC in the case of Bhagani Nivedita Sahakari Bank Ltd. (supra). In our view the Hon’ble Bombay High Court in the case of Jalgaon District Central Co-operative Bank Ltd.’s case was dealing with a case of challenge to para-3 of CBDT Circular No.9 dated 11.9.2002 which tried to i…