M/S. OZONE URBAN INFRA DEVELOPERS PRIVATE LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX TDS, CIRCEL-2(1), BANGALORE

In the result, appeal is allowed in favour of the assessee

Bench: Shri. George George K & Ms. Padmavathy Sassessment Year : 2019-20 M/S. Ozone Urbana Infra Developers Pvt. Ltd., Vs. Acit Tds, No.30, Ulsoor Road, Bengaluru North, Circle – 2(1), Bengaluru – 560 042. Bengaluru. Pan : Aaecm 5394 G Appellant Respondent Assessee By : Shri. Narendra Kumar Jain, Advocate Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 05.07.2022 Date Of Pronouncement : 12.07.2022

194A of the Income Tax Act. 5. The learned AO has erred in not appreciating that the responsibility to comply with TDS provisions was only on the buyer, who had availed the loan from NBFC and not the Appellant. 6. The Appellant denies its liability to be charged with interest under Section

M/S. MYSORE CO-OPERATIVE BANK LTD,MYSORE vs. INCOME TAX OFFICER, TDS WARD, MYSORE

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2013-14

TDS provisions, on the facts and circumstances of the case. 10. The learned Commissioner of Income Tax (Appeals) failed to appreciate that the Appellant is justified in law in not deducting tax at source on payments of income referred in sub-section (1) of section 194A

INCOME TAX OFFICER, BANGALORE vs. M/S.DELL INDIA PVT.LTD.,, BANGALORE

In the result the appeals filed by assessee and revenue for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

194A of the Act would not empower the authorities to invoke the provisions of section 201(1) and 201(1A) of the Act ignoring the words 'any income by way of interest. Respectfully following the above order, we hold that the assessee- company is not liable to deduct tax at source as no income has accrued in. the hands

DELL INTERNATIONAL SERVICES INDIA PVT. LTD.,,BANGALORE vs. ITO, BANGALORE

In the result the appeals filed by assessee and revenue for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

194A of the Act would not empower the authorities to invoke the provisions of section 201(1) and 201(1A) of the Act ignoring the words 'any income by way of interest. Respectfully following the above order, we hold that the assessee- company is not liable to deduct tax at source as no income has accrued in. the hands

DELL INDIA P LTD,BANGALORE vs. INCOME TAX OFFICER(TDS), LTU, BANGALORE

In the result the appeals filed by assessee and revenue for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

194A of the Act would not empower the authorities to invoke the provisions of section 201(1) and 201(1A) of the Act ignoring the words 'any income by way of interest. Respectfully following the above order, we hold that the assessee- company is not liable to deduct tax at source as no income has accrued in. the hands

INDIRA RAMAIAH ,BANGALORE vs. INCOME TAX OFFICER, WARD-1(2)(1), BANGALORE

In the result, the appeal of the assessee is dismissed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2015-16

Section 206C) 3. TDS-194A TDS Statement – Interest other 5,29,974 than interest on securities (Section 194A) 4. TDS

INFOSYS LTD.,,BANGALORE vs. ADDL.C.I.T, BANGALORE

In the result, Revenue’s appeal for A

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

TDS. 14.3.1 We have heard the rival contentions, perused and carefully considered the material on record; including the judicial pronouncements cited. We find that the Hon'ble Karnataka High Court in the case of KPTCL Vs. DCIT (supra) held that there would be no liability to deduct tax at source on the amount of provision in the absence of accrual

M/S KANYAKAPARAMESHWARI CO-OPERATIVE BANK LIMITED ,MYSORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), MYSORE

In the result, the assessee’s appeal for Assessment Year 2012-13 is partly allowed

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazassessment Year : 2012-13 M/S. Kanyakaparameshwari Vs. The Assistant Commissioner Of Co-Operative Bank Limited, Income-Tax, K. R. Circle, Circle – 1[1], Mysuru – 570 001. Mysuru. Pan : Aacas 1220 M Appellant Respondent

section 194A(3)(v) of the Act, applicable to Co-operative Societies, it is not required to deduct TDS on interest

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1), BANGALORE vs. CANARA BANK (ERSTWHILE SYNDICATE BANK), BANGALORE

In the result, the appeal filed by the Revenue is dismissed

section 194A, deals with such entities. The said\nclause reads as under:-\niii) to such income credited or paid to-\n(a) any banking company to which the Banking Regulation Act,\n1949 (10 of\n1949), applies, or any co-operative society engaged in carrying on the\nbusiness of banking (including a co-operative land mortgage bank

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1), BANGALORE vs. CANARA BANK (ERSTWHILE SYNDICATE BANK), BANGALORE

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

section 194A, deals with such entities. The said clause reads as under:- iii) to such income credited or paid to- (a) any banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies, or any co-operative society engaged in carrying on the business of banking (including a co-operative land mortgage bank), or (b) any financial corporation

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1), BANGALORE vs. CANARA BANK (ERSTWHILE SYNDICATE BANK), BANGALORE

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

section 194A, deals with such entities. The said clause reads as under:- iii) to such income credited or paid to- (a) any banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies, or any co-operative society engaged in carrying on the business of banking (including a co-operative land mortgage bank), or (b) any financial corporation

CANARA BANK (ERSTWHILE SYNDICATE BANK),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE, BENGALURU

In the result, appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

section 194A, deals with such entities. The said clause reads as under:- iii) to such income credited or paid to- (a) any banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies, or any co-operative society engaged in carrying on the business of banking (including a co-operative land mortgage bank), or (b) any financial corporation

BSR INFRATECH INDIA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BANGALORE

In the result, the appeal of the assessee is partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

194A, section 194B, section 194BB, section 194C, section 1940, section 194E, section 195 and section 196A, the assessee shall not be called upon to pay the tax himself to the extent to which tax has been deducted from that income". 8.6 He submitted that the plain reading of the section makes it clear that where tax is deductible

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BENGALURU, BENGALURU vs. CANARA BANK, BENGALURU

In the result, appeal of the revenue in ITA No

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessmentyear: 2017-18

section 194A, deals with such entities. The said clause reads as under:- iii) to such income credited or paid to- (a) any banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies, or any co-operative society engaged in carrying on the business of banking (including a co-operative land mortgage bank), or (b) any financial corporation

ACIT, CIRCLE-2(2)(1), BANGALORE vs. CANARA BANK, BENGALURU

In the result, appeal filed by the Revenue is dismissed

section 194A,\ndeals with such entities. The said clause reads as under:- iii) to such\nincome credited or paid to- (a) any banking company to which the\nBanking Regulation Act, 1949 (10 of 1949), applies, or any co-operative\nsociety engaged in carrying on the business of banking (including a co-\noperative land mortgage bank), or (b) any financial corporation

M/S BELLARY IRON-ORES PRIVATE LIMITED ,BELLARY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

Bench: Shri Chandra Poojari & Ms. Madhumita Royassessment Year: 2014-15

TDS on the interest accruing on the FDs. 9. Under similar circumstances, in UCO Bank's case referred to supra, the Division Bench of the Delhi High Court has held as under : ITA No.1540/Bang/2018 & M/s. Bellary Iron Ores Pvt. Ltd., Bellary Page 31 of 42 "17. In the present case, the controversy is regarding applicability of Section 194A

M/S BELLARY IRON-ORES PVT LTD ,BELLARY vs. THE INCOME TAX OFFICER WARD-2 , HOSPET

Bench: Shri Chandra Poojari & Ms. Madhumita Royassessment Year: 2014-15

TDS on the interest accruing on the FDs. 9. Under similar circumstances, in UCO Bank's case referred to supra, the Division Bench of the Delhi High Court has held as under : ITA No.1540/Bang/2018 & M/s. Bellary Iron Ores Pvt. Ltd., Bellary Page 31 of 42 "17. In the present case, the controversy is regarding applicability of Section 194A

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1), BANGALORE vs. CANARA BANK (ERSTWHILE SYNDICATE BANK), BANGALORE

In the result, the appeal filed by the Revenue is dismissed

section 194A, deals with such entities. The said\nclause reads as under:- iii) to such income credited or paid to- (a) any\nbanking company to which the Banking Regulation Act, 1949 (10 of\n1949), applies, or any co-operative society engaged in carrying on the\nbusiness of banking (including a co-operative land mortgage bank), or\n(b) any financial