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

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

3) of 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

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

In the result, appeal filed by the Revenue is dismissed

3) of 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

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

iii)\nof subsection (3) of 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

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

iii) of sub-section (3) of Section 194A of the Act. It had every reason to hold a bonafide belief that it was not liable to deduct tax at source on the interest payments effected by it to the Board. Especially so since Board gave all details to the assessee as to how it was constituted and also explained

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

In the result, appeals of the assessee are partly allowed

Section 194A(1) shall not apply if the payment\nhas been made to certain entities. Clause (iii) of subsection (3) of\nsection 194A, deals with such entities. The said clause reads as under:-\niii) to such income credited or paid to- (a) any banking company to\nwhich the Banking Regulation Act, 1949 (10 of 1949), applies, or any\nco-operative

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

iii) Interest received in earlier year excluded 2.2 Aggrieved by the order of assessment dated 25.03.2015 for Assessment Year 2012-13, the assessee filed an appeal before the CIT(A), Mysuru raising various grounds / additional grounds. The CIT(A) dismissed the assessee’s appeal vide order dated 28.02.2018. 3.1 The assessee, being aggrieved by the order

M/S. BANK OF BARODA(ERSTWHILE VIJAYA BANK),MUMBAI vs. ADDL.CIT, LTU, , BANGALORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Laxmi Prasad Sahu\Nand\Nshri Keshav Dubey\Nita No.234/Bang/2025\N Assessment Year: 2015-16\Nm/S. Bank Of Baroda (Erstwhile\Nvijaya Bank)\N2Nd Floor, Baroda Corporate Centre\Nbandra Kurla Complex\Nbandra (East)\Nmumbai 400 051\Npan No: Aaacv4791J\Nappellant\Nvs.\Naddl. Cit\Nltu\Nbangalore\Nrespondent\Nappellant By\N:\Nsmt. Lalitha Rameshwaran, A.R.\Nrespondent By\N:\Nsri Rajashekhar M., D.R.\Ndate Of Hearing\N:\N03.04.2025\Ndate Of Pronouncement\N:\N04.04.2025\No R D E R\Nper Keshav Dubey:\Nthis Appeal At The Instance Of The Assessee Is Directed Against\Nthe Order Of 1D. Cit(A)/Nfac Dated 23.12.2024 Vide Din & Order\Nno. Itba/Nfac/S/250/2024-25/1071453089(1) Passed U/S 250 Of\Nthe Act (In Short “The Act”) For The Ay 2015-16.\N2. The Assessee Has Raised The Following Grounds Of Appeal:\N1. The Order Of The Learned Cit(A) Is Against The Law & Facts Of The Case.\N2. The Order Passed By The Learned Cit(A) Is Against The Principles Of Natural Justice.\N2.

Section 194A(1) shall not apply if the payment\nhas been made to certain entities. Clause (iii) of subsection (3) of\nsection 194A, deals with such entities. The said clause reads as under:-\niii) to such income credited or paid to- (a) any banking company to\nwhich the Banking Regulation Act, 1949 (10 of 1949), applies, or any\nco-operative

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

THE CHIEF ACCOUNTS OFFICER,,MYSORE vs. ITO, MYSORE

In the result, the appeals of the assessee for all the three assessment years are allowed

Bench: Smt. P. Madhavi Devi & Shri Abraham P George

194A(3)(iii)(f) would be admissible to an assessee who made payments to a company whose shares are held by the Govt. or held by the RBI or held by the corporation owned by RBI. Thereafter the Assessing Officer took into consideration the shareholding pattern of KUIDFC in Paragraph No.5.6 of the impugned order. The details read as under

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

TDS will not apply to the interest given to the associate members. The A.O. also took support of the decision rendered by Hon’ble Supreme Court in the case of the Citizen Co-operative Society Vs. ACIT (Civil Appeal Noi.10245 of 2017) and observed that the decision rendered by Hon’ble Supreme Court of India clearly classifies members

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

TDS will not apply to the interest given to the associate members. The A.O. also took support of the decision rendered by Hon’ble Supreme Court in the case of the Citizen Co-operative Society Vs. ACIT (Civil Appeal Noi.10245 of 2017) and observed that the decision rendered by Hon’ble Supreme Court of India clearly classifies members