Moolamattom Electricity Board Employees' Co-operative Bank Ltd. v. ITO

238 ITR 630High Court1999#20023 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 359,850 Indian tax judgments — from 2015 to 2020.

Judgments citing Moolamattom Electricity Board Employees' Co-operative Bank Ltd. v. ITO

M/S.Vennala Service Co-Op Bank Ltd, Ernakulam vs. The ITO, Kochi

In the result the appeal filed by the assessee was rejected by the CIT(A) for assessment year under consideration

ITA 129/COCH/2020[2011-12]Status: DisposedITAT Cochin05 Oct 2020AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.Amaljith P.J., CAFor Respondent: Sri.Shantom Bose, CIT-DR

Section 147Section 154Section 19Section 194ASection 194A(3)(v)Section 2(19)Section 234ASection 250Section 40Section 80P

…the Kerala Co- operative Societies' Act and classified as primary agricultural co-operative societies. We find that this issue was considered by the Kerala High Court in the case of Moolamattom Electricity Board Employees 'Co-operative Bank Ltd., In Re [1999] 238 ITR 630/ 106 Taxman 242 (Ker). The Kerala High Court, after considering the provisions of section 194A of the Income-tax Act found that for the purpose of understanding the cooperative society, the meaning that is given in section 2(19) of the Income-tax Act has to be considered and not otherwise. The co-operative societies are not controlled and governe…

ACIT, Circle-41, Nadia vs. M/S Saktinagar Samabay Krishi Unnyan Samity Ltd., Nadia

In the result, the appeal of the revenue is dismissed

ITA 2370/KOL/2016[2012-13]Status: DisposedITAT Kolkata27 Oct 2017AY 2012-13

Section 10Section 143(3)Section 194ASection 40Section 80PSection 80P(2)

…s no violation of Rule 46A as alleged by the learned DR. He has also raised an alternative contention by relying inter alia on the decision of Hon’ble Kerala High Court in the case of Moolamattom Electricity Power Employees Co-operative Co. Ltd. & Ors. Vs ITO 238 ITR 630 wherein it was held that the primary credit cooperative societies, in view of clear exemption given under section 194A (3) (viia), are not liable to deduct tax at source under section 194A. I find merit in this contention of the learned counsel for the assessee and uphold the impugned order of the Ld. CIT (A) deleting the disallowance made by the…

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

…e interpreted as co-operative society other than co-operative bank. The Tribunal drew support for its conclusion as above from the decision of the Hon’ble Kerala High Court in the case of Moolamattom Electricity Board Employees' Co-operative Bank Ltd. vs. ITO 238 ITR 630 (Ker). 3. In the case of Moolamattom electricity Board Employees Co- operative Bank Ltd. (supra), the petitioners were primary credit societies registered under the Kerala Co-operative Societies Act and they challenged the applicability of Sec.194A of the Act on the interest paid by it on deposits received by them in view of the specific provisi…

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