UCO Bank v. Union of India

369 ITR 335High Court2014#4311 most cited

What is UCO Bank v. Union of India authority for?

Tax is not required to be deducted at source under Section 194A if the recipient of the interest income is not ascertainable and not liable to pay tax.

28

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

UCO Bank v. Union of India · Section 194A · TDS · interest on deposits · ascertainable payee · tax liability

Also reported as

51 Taxmann.com 253228 Taxmann 141

Sections most often in play

Section 40(a)(ia)Section 194HSection 194JSection 201(1A)Section 14ASection 190(1)Section 194ASection 194C

Issues it is cited on

section 193section 192(1)section 40a(i)section 191section 4(1)section 194imultiple year datasection 194hsection 194jcaptive service providerinterest on securitiessection 271c

Judgments citing UCO Bank v. Union of India

EMBASSY PROPERTY DEVELOPMENTS PRIVATE LIMITED ,BANGALORE vs. DCIT, CIRCLE-1(1), BANGALORE

ITA 1031/BANG/2025[2017-18]Status: DisposedITAT Bangalore23 Feb 2026AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year : 2017-18

For Appellant: Ms. Nimashri K.A., A.RFor Respondent: Sri Shivanand H Kalakeri, D.R
Section 201Section 201(1)Section 250Section 40

…and the amount payable to him is ascertainable, then the assessee would be required to deduct tax at source in respect of such provision. We shall discuss some more decisions:- (a) The first decision is that of Honourable Delhi High Court in case of UCO Bank (369 ITR 335). The facts prevailing in this case are that the Court had directed one of the parties to the suit to deposit certain sums in the High Court. The amount was invested in Fixed deposit by the…

ARTEMIS MEDICARE SERVICES LIMITED,NEW DELHI vs. ACIT, CIRCLE-73(1), NEW DELHI

ITA 2876/DEL/2024[2014-15]Status: DisposedITAT Delhi09 Apr 2025AY 2014-15

Bench: Shri Shamim Yahya & Shri Sudhir Pareeka.Yr. : 2014-15 Artemis Medicare Services Limited, Vs. Acit, Circle 73(1) Artemis Hospital, New Delhi Sector-51, Gurugram, Haryana (Pan: Aafca0130M) (Appellant) (Respondent)

Section 194Section 201Section 201(1)

….2013 and 06.09.2013 are enclosed are enclosed in pages 33-37 of the paper book. We find that the issue in dispute is no longer res integra in view of the decision of the Hon'ble jurisdictional High Court in the case of UCO Bank vs. Union of India reported in 369 ITR 335 wherein it was held as under:- “18. In terms of Section 194A of the Act, the petitioner would, in the normal course, be obliged to deduct tax at source in respect of any credit or payment of interest on deposits made with it. However, in the present case, the question that needs to be addressed is whether Section 194A of the Act contemplates dedu…

DEPUTY COMMISSIONER OF INCOME TAX-14(2)(1), MUMBAI vs. IDEA CELLULAR LIMITED, MUMBAI

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is allowed for statistical purposes

ITA 4513/MUM/2017[2010-11]Status: DisposedITAT Mumbai14 Oct 2024AY 2010-11

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

Section 143(3)Section 14ASection 194Section 194HSection 28Section 35DSection 36(1)(iii)Section 391Section 394Section 40

…odafone Idea Limited (Formerly Idea Cellular Limited) of TDS, as TDS provisions do not apply if the payee is not identified at the time of making provision of expense. 37. In this regard, Ld. Counsel placed reliance on the decisions of UCO Bank vs. UOI [2014] 369 ITR 335 (Delhi HC) and Industrial Development Bank of India v. ITO [2007] 107 ITD 45 (Mum. Trib.) wherein it has been held that the whole scheme of TDS proceeds on the assumption that the person whose liability is to pay an income knows the identity of the beneficiary or the recipient of the income. He further relied upon other decisions as cited in the…

IDEA CELLULAR LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-3(2), MUMBAI

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is allowed for statistical purposes

ITA 4318/MUM/2017[2010-11]Status: DisposedITAT Mumbai14 Oct 2024AY 2010-11

Bench: IN THE INCOME TAX APPELLATE TRIBUNAL, ‘I’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

Section 143(3)Section 14ASection 194Section 194HSection 28Section 35DSection 36(1)(iii)Section 391Section 394Section 40

…odafone Idea Limited (Formerly Idea Cellular Limited) of TDS, as TDS provisions do not apply if the payee is not identified at the time of making provision of expense. 37. In this regard, Ld. Counsel placed reliance on the decisions of UCO Bank vs. UOI [2014] 369 ITR 335 (Delhi HC) and Industrial Development Bank of India v. ITO [2007] 107 ITD 45 (Mum. Trib.) wherein it has been held that the whole scheme of TDS proceeds on the assumption that the person whose liability is to pay an income knows the identity of the beneficiary or the recipient of the income. He further relied upon other decisions as cited in the…

ACIT (TDS), GURGAON vs. ARTEMIS MEDICARE SERVICE LTD., NEW DELHI

ITA 554/DEL/2016[2012-13]Status: DisposedITAT Delhi16 Jan 2024AY 2012-13

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaacit (Tds), Vs. Artemis Medicares Services Ltd, 414/1, 4Th Floor, Dda Gurgaon Commercial Complex, District Centre, Janakpuri, New Delhi (Appellant) (Respondent) Pan: Aafca0130M

For Appellant: Ms. Shaily Gupta, CAFor Respondent: Shri Kanv Bali, Sr. DR
Section 133ASection 192Section 194JSection 201(1)

….2013 and 06.09.2013 are enclosed are enclosed in pages 33-37 of the paper book. We find that the issue in dispute is no longer res integra in view of the decision of the Hon'ble jurisdictional High Court in the case of UCO Bank vs. Union of India reported in 369 ITR 335 wherein it was held as under:- “18. In terms of Section 194A of the Act, the petitioner would, in the normal course, be obliged to deduct tax at source in respect of any credit or payment of interest on deposits made with it. However, in the present case, the question that needs to be addressed is whether Section 194A of the Act contemplates dedu…

HT MOBILE SOLUTIONS LTD (AMALGAMATING CO. OF FIREFLY E VENTURES LTD),NEW DELHI vs. JCIT (OSD) CIRCLE-74(1), NEW DELHI

ITA 2476/DEL/2022[2014-15]Status: DisposedITAT Delhi22 May 2023AY 2014-15

Bench: Shri Saktijit Dey & Shri M. Balaganesh

For Appellant: Shri Mayank Mohanka, FCAFor Respondent: Ms Princy Singhla, Sr. DR
Section 201Section 201(1)

….2013 and 06.09.2013 are enclosed are enclosed in pages 33-37 of the paper book. We find that the issue in dispute is no longer res integra in view of the decision of the Hon’ble jurisdictional High Court in the case of UCO Bank vs. Union of India reported in 369 ITR 335 wherein it was held as under:- 18. In terms of Section 194A of the Act, the petitioner would, in the normal course, be obliged to deduct tax at source in respect of any credit or payment of interest on deposits made with it. However, in the present case, the question that needs to be addressed is whether Section 194A of the Act contemplates deduc…

HT MOBILE SOLUTIONS LIMITED (AMALGAMATING COMPANY OF FIREFLY E VENTURES LIMITED),NEW DELHI vs. JCIT (OSD) ,CIRCLE-74(1), NEW DELHI

ITA 2475/DEL/2022[2013-14]Status: DisposedITAT Delhi22 May 2023AY 2013-14

Bench: Shri Saktijit Dey & Shri M. Balaganesh

For Appellant: Shri Mayank Mohanka, FCAFor Respondent: Ms Princy Singhla, Sr. DR
Section 201Section 201(1)

….2013 and 06.09.2013 are enclosed are enclosed in pages 33-37 of the paper book. We find that the issue in dispute is no longer res integra in view of the decision of the Hon’ble jurisdictional High Court in the case of UCO Bank vs. Union of India reported in 369 ITR 335 wherein it was held as under:- 18. In terms of Section 194A of the Act, the petitioner would, in the normal course, be obliged to deduct tax at source in respect of any credit or payment of interest on deposits made with it. However, in the present case, the question that needs to be addressed is whether Section 194A of the Act contemplates deduc…

M/S. VOLVO GROUP INDIA PRIVATE LIMITED (EARLIER KNOWN AS VOLVO INDIA PRIVATE LIMITED),BENGALURU vs. INCOME TAX OFFICER (OSD) LARGE TAX PAYERS UNIT, BANGALORE

ITA 498/BANG/2020[2014-15]Status: DisposedITAT Bangalore25 Aug 2022AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2014-15

For Appellant: Shri Neeraj K. Jain, AdvocateFor Respondent: Shri Bijoy Kumar Panda, CIT(DR)(ITAT), Bengaluru
Section 194CSection 194C(6)Section 201Section 40

…and the amount payable to him is ascertainable, then the assessee would be required to deduct tax at source in respect of such provision. We shall discuss some more decisions:- (a) The first decision is that of Honourable Delhi High Court in case of UCO Bank (369 ITR 335). The facts prevailing in this case are that the Court had directed one of the parties to the suit to deposit certain sums in the High Court. The amount was invested in Fixed deposit by the…

ASSTT. CIT, CIR- 7, NAGPUR vs. M/S. NEWQUEST CORPORATION LTD., CHANDRAPUR

ITA 328/NAG/2014[2008-09]Status: DisposedITAT Nagpur28 Jun 2022AY 2008-09

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S.Newquest Corporation Ltd. Circle-7, (Now Known As M/S. Avantha Nagpur Holding Ltd. Ballalrpur Paper Mills P.O. Ballarpur, Distt. Chandrapur Pan No.:Aabcb 6134 E Appellant Respondent

For Appellant: Shri K.P. Dewani (Adv.)For Respondent: ShriPiyushKolhe (CIT-DR)
Section 40

…ld not have ascertained that identity of the payees at the point of time when the provision for interest accrued but not due’ was made by it and therefore, no tax was required to be deducted at source u/s 193 of the Act.’’, 2. UCO Bank vs Union of India &Ors, 369 ITR 335 (Delhi) wherein the Hon’ble Court held that Expression ‘’Payee’’ u/s 194A of the Act would mean the recipient of the income whose account is maintained by the person paying interest. In the present case, although the FD is made in the name of the…

UNITED BREWERIES LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-7(1)(1), BENGALURU

ITA 2569/BANG/2017[2013-14]Status: DisposedITAT Bangalore01 Jun 2022AY 2013-14

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92Section 92B(1)

…and the amount payable to him is ascertainable, then the assessee would be required to deduct tax at source in respect of such provision. We shall discuss some more decisions:- (a) The first decision is that of Honourable Delhi High Court in case of UCO Bank (369 ITR 335). The facts prevailing in this case are that the Court had directed one of the parties to the suit to deposit certain sums in the High Court. The amount was invested in Fixed deposit by the…

M/S VOLVO INDIA PVT LTD,BANGALORE vs. INCOME TAX OFFICER(TDS), BANGALORE

ITA 1195/BANG/2014[2012-13]Status: DisposedITAT Bangalore25 Mar 2022AY 2012-13

Bench: Shri George George K & Ms. Padmavathy S

For Appellant: Shri S Parthasarthy, AdvocateFor Respondent: Smt. Priyadarshini Besaganni, JCIT(DR)
Section 194CSection 194HSection 194ISection 194JSection 195Section 201Section 201(1)Section 40

…and the amount payable to him is ascertainable, then the assessee would be required to deduct tax at source in respect of such provision. We shall discuss some more decisions:- (a) The first decision is that of Honourable Delhi High Court in case of UCO Bank (369 ITR 335). The facts prevailing in this case are that the Court had directed one of the parties to the suit ITA No.1195/Bang/2014 & 474/Bang/2016 Page 26 of 39 to deposit certain sums in the High Court. The amount was invested in Fixed deposit by the…

M/S. TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED,RAMANAGAR vs. INCOME TAX OFFICER, (TDS), LTU, BANGALORE

ITA 2392/BANG/2019[2011-12]Status: DisposedITAT Bangalore23 Mar 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranita No.2391 & 2392/Bang/2019 Assessment Years : 2010-11 & 2011-12

For Appellant: Shri Padamchand Khincha, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 154Section 190Section 201Section 201(1)Section 37Section 40

…tax at source in respect of such provision. We shall discuss some more decisions:- ITA No.2391 & 2392/Bang/2019 M/s. Toyota Kirloskar Motor Pvt. Ltd., Ramanagar Page 18 of 26 (a) The first decision is that of Honourable Delhi High Court in case of UCO Bank (369 ITR 335). The facts prevailing in this case are that the Court had directed one of the parties to the suit to deposit certain sums in the High Court. The amount was invested in Fixed deposit by the…

M/S. TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED,RAMANAGAR vs. INCOME TAX OFFICER, (TDS), LTU, BANGALORE

ITA 2391/BANG/2019[2010-11]Status: DisposedITAT Bangalore23 Mar 2022AY 2010-11

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranita No.2391 & 2392/Bang/2019 Assessment Years : 2010-11 & 2011-12

For Appellant: Shri Padamchand Khincha, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 154Section 190Section 201Section 201(1)Section 37Section 40

…tax at source in respect of such provision. We shall discuss some more decisions:- ITA No.2391 & 2392/Bang/2019 M/s. Toyota Kirloskar Motor Pvt. Ltd., Ramanagar Page 18 of 26 (a) The first decision is that of Honourable Delhi High Court in case of UCO Bank (369 ITR 335). The facts prevailing in this case are that the Court had directed one of the parties to the suit to deposit certain sums in the High Court. The amount was invested in Fixed deposit by the…

BIOCON LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, LTU, BANGALORE

ITA 1248/BANG/2014[2012-13]Status: DisposedITAT Bangalore21 Mar 2022AY 2012-13

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2012-13

For Appellant: Shri Padamchand Khincha, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 190Section 201Section 201(1)Section 40

…nd the amount payable to him is ascertainable, then the assessee would be required to deduct tax at source in respect of such provision. We shall discuss some more decisions:- (a) The first decision is that of Honourable Delhi High Court in case of UCO Bank (369 ITR 335). The facts prevailing in this case are that the Court had directed one of the parties to the suit to deposit certain sums in the High Court. The amount was invested in Fixed deposit by the…

M/S HERBALIFE INTERNATIONAL INDIA PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

ITA 3168/BANG/2018[2015-16]Status: DisposedITAT Bangalore09 Feb 2022AY 2015-16

Bench: Shri N V Vasudevan & Shri Chandra Poojari

For Appellant: Shri Nageshwar Rao, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT-I(DR)(ITAT), Bengaluru
Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N V VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA No.2219 & 2220/Bang/2017 & 3168/Bang/2017 Assessment years : 2013-14, 2014-15 & 2015-16 M/s. Herbalife International India Vs. The Assistant Commissioner Private Ltd., of Income Tax, # 14, Commissariat Road, Circle 3(1)(2), Bangalore – 560 025. Bangalore. PAN: AAACH 8025R APPELLANT RESPONDENT Assessment year: 2013-14 The Assistant Commissioner Vs. M/s. Herbalife International India of Income Tax, Private Ltd., Circle 3(1)(2), # 14, Commissariat Road, Bangalore. B…

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(2), BENGALURU vs. M/S HERBAL LIFE INTERNATIONAL INDIA PVT LTD, BENGALURU

ITA 2587/BANG/2017[2013-14]Status: DisposedITAT Bangalore09 Feb 2022AY 2013-14

Bench: Shri N V Vasudevan & Shri Chandra Poojari

For Appellant: Shri Nageshwar Rao, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT-I(DR)(ITAT), Bengaluru
Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N V VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA No.2219 & 2220/Bang/2017 & 3168/Bang/2017 Assessment years : 2013-14, 2014-15 & 2015-16 M/s. Herbalife International India Vs. The Assistant Commissioner Private Ltd., of Income Tax, # 14, Commissariat Road, Circle 3(1)(2), Bangalore – 560 025. Bangalore. PAN: AAACH 8025R APPELLANT RESPONDENT Assessment year: 2013-14 The Assistant Commissioner Vs. M/s. Herbalife International India of Income Tax, Private Ltd., Circle 3(1)(2), # 14, Commissariat Road, Bangalore. B…

M/S HERBALIFE INTERNATIONAL INDIA PVT LTD ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

ITA 2220/BANG/2017[2014-15]Status: DisposedITAT Bangalore09 Feb 2022AY 2014-15

Bench: Shri N V Vasudevan & Shri Chandra Poojari

For Appellant: Shri Nageshwar Rao, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT-I(DR)(ITAT), Bengaluru
Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N V VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA No.2219 & 2220/Bang/2017 & 3168/Bang/2017 Assessment years : 2013-14, 2014-15 & 2015-16 M/s. Herbalife International India Vs. The Assistant Commissioner Private Ltd., of Income Tax, # 14, Commissariat Road, Circle 3(1)(2), Bangalore – 560 025. Bangalore. PAN: AAACH 8025R APPELLANT RESPONDENT Assessment year: 2013-14 The Assistant Commissioner Vs. M/s. Herbalife International India of Income Tax, Private Ltd., Circle 3(1)(2), # 14, Commissariat Road, Bangalore. B…

M/S HERBALIFE INTERNATIONAL INDIA PVT LTD ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE , BANGALORE

ITA 2219/BANG/2017[2013-14]Status: DisposedITAT Bangalore09 Feb 2022AY 2013-14

Bench: Shri N V Vasudevan & Shri Chandra Poojari

For Appellant: Shri Nageshwar Rao, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT-I(DR)(ITAT), Bengaluru
Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N V VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA No.2219 & 2220/Bang/2017 & 3168/Bang/2017 Assessment years : 2013-14, 2014-15 & 2015-16 M/s. Herbalife International India Vs. The Assistant Commissioner Private Ltd., of Income Tax, # 14, Commissariat Road, Circle 3(1)(2), Bangalore – 560 025. Bangalore. PAN: AAACH 8025R APPELLANT RESPONDENT Assessment year: 2013-14 The Assistant Commissioner Vs. M/s. Herbalife International India of Income Tax, Private Ltd., Circle 3(1)(2), # 14, Commissariat Road, Bangalore. B…

63 MOONS TECHNOLOGIES LTD. (FORMERLY KNOWN AS FINANCIAL TECHNOLOGIES (INDIA) LTD.),MUMBAI vs. DCIT, CENT. CIR. - 8(3), MUMBAI

In the result, assessee’s appeals are partly allowed

ITA 4775/MUM/2016[2009-10]Status: DisposedITAT Mumbai16 Dec 2021AY 2009-10

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm)

For Appellant: Shri Chetan A.KariaFor Respondent: Shri Vatsalya Saxena
Section 14ASection 14A(1)Section 40Section 92C

…ucted on redemption. The circular has been extracted in written submissions to CIT(A) for A Y 2009-10 and the same can be seen at page 158 of paper book for A Y 2009-10. The assessee also relies on judgment of Hon'ble Delhi High Court in case of UCO Bank Ltd, 369 ITR 335 (Del), copy enclosed at page 602-608 of paper book 3. The Hon'ble High Court has identified the issue in para 8 and 9 on page 604 and assessee draws attention to conclusion in para 18, 19 and 20 on page 607 of paper book 3. The assessee also relies on decision of Hon'ble Mumbai Bench of Income Tax Appellate Tribunal in case of Stides Shasun Ltd,…

INTERGLOBE AVIATION LTD.,,NEW DELHI vs. ACIT, NEW DELHI

Appeal is dismissed

ITA 4449/DEL/2013[2010-11]Status: DisposedITAT Delhi07 Jan 2020AY 2010-11

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Paramita M. Biswas, CIT DR
Section 194CSection 194JSection 196Section 201Section 201(1)Section 250

…urce on year-end provisions. Thus the order of the learned CIT(A) is upheld to that extent. 20. To support its contention the assessee has relied upon the several decisions of various courts. The first decision relied upon is of honourable Delhi High Court in 369 ITR 335 in case of UCO Bank where the Hon‟ble High Court has held that where the recipient of the income is unidentified the provisions of section 194A does not apply. However in the present case Inter Globe Aviation Ltd Vs ACIT ITA No.5347& 4449/Del/2012 ITA No.223 & 5114/Del/2013 (Assessment Year: 2010-11 to 2011-12 assessee has made an ascertained pro…

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