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 Ward, Hubli. Head Office, Bank Road, Dharwad – 580 001. PAN: AAAAT 3297K APPELLANT RESPONDENT Appellant by : Mrs. Sheetal Borkar, Advocate Respondent by : Shri P. Dhivahar, Jt. CIT(DR) Date of hearing : 02.07.2015 Date of Pronouncement : 10.07.2015 O R D E R Per N.V. Vasudevan, Judicial Member The appeals in ITA Nos.368 & 369/Bang/2015 are filed by the assessee against

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

iv) Under section 11 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 provides that "for the purposes of the Income-tax Act, 1961, every corresponding new bank shall be deemed to be Indian company and a company in which public is substantially interested". (v) It is settled principle of law where deeming fiction is created

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

iv) Under section 11 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 provides that "for the purposes of the Income-tax Act, 1961, every corresponding new bank shall be deemed to be Indian company and a company in which public is substantially interested". (v) It is settled principle of law where deeming fiction is created

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

iv) Under section 11 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 provides that "for the purposes of the Income-tax Act, 1961, every corresponding new bank shall be deemed to be Indian company and a company in which public is substantially interested". (v) It is settled principle of law where deeming fiction is created

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

iv) Under section 11 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 provides that "for the purposes of the Income-tax Act, 1961, every corresponding new bank shall be deemed to be Indian company and a company in which public is substantially interested". (v) It is settled principle of law where deeming fiction is created

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

iv) to such income credited or paid by a firm to a partner of the firm ; (v) to such income credited or paid by a co-operative society to a member thereof or to any other co-operative society ; (vi) to such income credited or paid in respect of deposits under any scheme framed by the Central Government and notified

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

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:

iv) furnish particulars of the tax paid to the Central Government including book identification number or challan identification number, as the case may be; [(v) furnish particulars of amount paid or credited on which tax was not deducted in view of the issue of certificate of no deduction of tax under section 197 by the Assessing Officer of the payee

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

TDS) and the Tribunal, by order dated 21/11/2014, after considering the provisions of sec.194A as well as 196 of the act, has come to the conclusion that payment of interest to KUIDFC is to be held to be as paid to the Government and section 196 of the Act applies to the said payment. A copy of the said order

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

TDS u/s.194A. Section 194A reads as follows “Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any income by way of interest other than income by way of interest on securities, shall, at the time of credit of such income to the account of the payee or at the time

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

iv) trademarks (v) licences (vi) franchises (vii) any other business or commercial rights of similar nature. So far as claim of depreciation in case of intangible assets falling in the category of "any other business or commercial rights of similar nature" is concerned, all the business or commercial rights are not by themselves assets eligible for depreciation, and that only

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

iv) trademarks (v) licences (vi) franchises (vii) any other business or commercial rights of similar nature. So far as claim of depreciation in case of intangible assets falling in the category of "any other business or commercial rights of similar nature" is concerned, all the business or commercial rights are not by themselves assets eligible for depreciation, and that only

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

iv) trademarks (v) licences (vi) franchises (vii) any other business or commercial rights of similar nature. So far as claim of depreciation in case of intangible assets falling in the category of "any other business or commercial rights of similar nature" is concerned, all the business or commercial rights are not by themselves assets eligible for depreciation, and that only

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

iv) trademarks (v) licences (vi) franchises (vii) any other business or commercial rights of similar nature. So far as claim of depreciation in case of intangible assets falling in the category of "any other business or commercial rights of similar nature" is concerned, all the business or commercial rights are not by themselves assets eligible for depreciation, and that only

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

iv) trademarks (v) licences (vi) franchises (vii) any other business or commercial rights of similar nature. So far as claim of depreciation in case of intangible assets falling in the category of "any other business or commercial rights of similar nature" is concerned, all the business or commercial rights are not by themselves assets eligible for depreciation, and that only

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

iv) The ITAT Mumbai 'D' Bench (70 ITD 109) (Mumbai) in the case of Corrosion Control Services (Bombay) (P) Ltd. Vs Deputy Commissioner of Income Tax, held that “Assessee followed mercantile system; retention money was deducted from contract receipts; entire amount of bill did not become due immediately upon its submission; 5 or 10% of the bill amounts were withheld

BIOCON RESEARCH LIMITED,BANGALORE vs. CIT(A) I, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

iv) “relevant assessment year” means any assessment year falling within a period of fifteen consecutive assessment years referred to in this section; (v) “Special Economic Zone” and “Unit” shall have the same meanings as assigned to them under clauses (za) and (zc)27 of section 2 of the Special Economic Zones Act, 2005. Explanation 2.—For the removal of doubts

DCIT, BANGALORE vs. M/S BIOCON RESEARCH LTD.,, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

iv) “relevant assessment year” means any assessment year falling within a period of fifteen consecutive assessment years referred to in this section; (v) “Special Economic Zone” and “Unit” shall have the same meanings as assigned to them under clauses (za) and (zc)27 of section 2 of the Special Economic Zones Act, 2005. Explanation 2.—For the removal of doubts