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

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

TDS 194A Under section 194A of the Income-tax Act, 1961, tax is deductible at source from any payment of income by way of interest other than income by way of interest on securities. Clause (v) of sub- section (3

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

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

TDS 194A Under section 194A of the Income-tax Act, 1961, tax is deductible at source from any payment of income by way of interest other than income by way of interest on securities. Clause (v) of sub-section (3

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 by the appellant on a bonafide belief that the members in receipt of the interest are liable to pay the tax on such income received by them and from the interpretation of section 194A(3

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

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

TDS 194A Under section 194A of the Income-tax Act, 1961, tax is deductible at source from any payment of income by way of interest other than income by way of interest on securities. Clause (v) of sub-section (3

ITO, MYSORE vs. THE MYSORE MERCHANT CO-OPERATIVE BANK LTD.,, MYSORE

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

TDS’) provisions. In the course of the survey, it was noticed that in the period relevant to Assessment Years 2011-12 and 2012-13, the assessee had not deducted tax at source in respect of interest paid to members relying on the specific exception provided for under the provisions of section 194A(3

DCIT, BANGALORE vs. M/S CITIZEN CO-OP BANK LTD.,, BANGALORE

In the result, appeal of the Revenue is dismissed

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

TDS. On the other hand, clause (viia) of sub-section (3) of section 194A exempts from the requirement of TDS

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

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

3) of 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

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

3) of 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

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

3) of 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

DCIT, BANGALORE vs. SIR M. VISWESHWARAIAH CO-OP BANK LTD.,, BANGALORE

Bench: Shri Vijaypal Rao & Shri Inturi Rama Rao

TDS), Circle 1(1), Bangalore. …. Appellant. Vs. Sir M. Visweshwaraiah Co-op. Bank Ltd., Rajajinagar Branch, 1203/3, Subramanyanagar Main Road, Rajajinagar II Stage, Bangalore. ….. Respondent. Appellant By : Shri Sunil Kumar Agarwala, JCIT (D.R) Respondents By : Mrs. Sheetal, Advocate. Date of Hearing : 20.01.2016. Date of Pronouncement : 24.2.2016. Per Bench : These five appeals by the Revenue are directed against the orders

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

3) of ITA Nos.1154/Bang/2023 & ITA 210, 222 & 297/Bang/2024 M/s. Canara Bank., Bangalore Page 25 of 40 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

STATE BANK OF INDIA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 16(2), BANGALORE

In the result, the appeal is allowed

Bench: Shri N.V. Vasudevan & Shri D.S. Sunder Singhassessment Year: 2013-14

TDS) treating the assessee as one in default u/s.201(1) and levying interest u/s.201(1A) of the Act.” Page 11 of 11 7. Since this Tribunal has already taken a view that the person to whom interest was paid was falling within the ambit of section 194A(3

M/S NA VANAGARA URBAN CO-OPERATIVE BANK LTD ,MYSORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2), MYSORE

In the result, the appeal filed by the assessee is allowed for statistical purposes

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

section 194A(3)(v) of the I.T.Act, the assessee was not liable for TDS. The Assessing Officer held that section

MR. SANDEEP SAMANTHA,MANGALURU vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX CPC - TDS, GHAZIABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri A. K. Garodia & Shri George George Kassessment Year : 2016-17 Shri. Sandeep Samantha, Vs. The Additional Commissioner Of D.No.2-1-7/7, Shop No.2, Income-Tax, Manasa Residency, Chilimbi, Urwa, Cpc- Tds, Mangaluru – 575 006. Ghaziabad. Pan : Axlps 5874 J Appellant Respondent Assessee By : Shri. Srinivas Kamath, Ca Revenue By : Dr. Shankar Prasad, Add. Cit (Dr)(Itat), Bengaluru Date Of Hearing : 17.09.2020 Date Of Pronouncement : 25.09.2020 O R D E R Per A. K. Garodia: This Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of Learned Cit(A), Mangaluru Dated 16.01.2019 For Assessment Year 2016-17 In Respect Of Filing Of Form No.26Q For Quarter No.1 Of The Financial Year 2015-16. The Grounds Raised By The Assessee Are As Under:

194A. (xi) furnish particulars of amount paid or credited on which tax was not deducted under sub-section (2A) of section 194LBA. (xii) furnish particulars of amount paid or credited on which tax was not deducted in view of clause (a) or clause (b) of sub-section (1D) of section 197A. Page 7 of 9 (xiii) furnish particulars of amount

ASST.C.I.T., HASSAN vs. THE CHIKMAGALUR DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED, CHICKMAGALUR

In the result, the appeal by the Revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz Assessment Year : 2007-08

section under No. by the bank which exempted from (in Rs.) deduction of TDS 1 Interest paid on SB (including 1,54,14,512 194A(3

M/S. VASAVI CREDIT CO-OPERATIVE SOCIETY LIMITED,BANGALORE vs. INCOME TAX OFFICER (TDS), WARD- 3(4), BANGALORE

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

section 194A(3)(v) must have subscribed to and fully paid for at least one share of the co- operative bank, must be entitled to participate and vote in the General Body Meetings and/or Special General Body Meetings of the co-operative bank and must be entitled to receive share from the profits of the co- operative bank.” ITA No.412

M/S. VASAVI CREDIT CO-OPERATIVE SOCIETY LIMITED,BANGALORE vs. INCOME TAX OFFICER (TDS), WARD- 3(4), BANGALORE

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

section 194A(3)(v) must have subscribed to and fully paid for at least one share of the co- operative bank, must be entitled to participate and vote in the General Body Meetings and/or Special General Body Meetings of the co-operative bank and must be entitled to receive share from the profits of the co- operative bank.” ITA No.412