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

v) of sub-section (3) of the said section. The provisions of clause (viia) of the said sub-section are applicable only in case of a non-member depositor of the co-operative bank, who shall receive interest only on deposits other than time deposits made on or after 1st July, 1995 without TDS under section 194A

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

v) of sub-section (3) of the said section. The provisions of clause (viia) of the said sub- section are applicable only in case of a non-member depositor of the co-operative bank, who shall receive interest only on deposits other than time deposits made on or after 1st July, 1995 without TDS under section 194A

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)(v

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

v) of sub-section (3) of the said section. The provisions of clause (viia) of the said sub- section are applicable only in case of a non-member depositor of the co-operative bank, who shall receive interest only on deposits other than time deposits made on or after 1st July, 1995 without TDS under section 194A

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

v) to sub-section (3) of section 194A of the Act on the facts and circumstances of the case. 11. The Learned CIT(A) was not justified on facts in appreciating that the Appellant has rightly deducted tax at source only on payments to non-members in accordance with clause (viia) read with clause (i)(b) to sub-section (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

v) of sub-section (3) of the said section. The provisions of clause (viia) of the said sub-section are applicable only in case of a nonmember depositor of the co- operative bank, who shall receive interest only on deposits other than time deposits made on or after 1st July, 1995 without TDS under section 194A

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

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

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

ASSISSTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE, HUBBALLI vs. M/S. DAVANAGERE URBAN CO-OP BANK LTD, DAVANAGERE

In the result, the appeal of the Revenue is dismissed

Bench: Shri B.R Baskaran & Smt. Beena Pillaiassessment Year : 2012-13

TDS under section ITA No.1815 /Bang/2018 Page 9 of 12 194A by virtue of the exemption granted vide clause (v) of sub-section (V of the said section. The provisions of clause (viia) of the said sub-section air applicable only in case of a non-member depositor of the co- operative hank, who shall receive interest only on deposits

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

TDS 1 Interest paid on SB (including 1,54,14,512 194A(3)(viia)(b) SHG deposit) 2 Interest paid on NRD 5,03,683 194A(3)(viia)(b) 3 Interest paid on Pigmy Accounts 7,43,466 194A(3)(viia)(b) 4 Interest paid on Kalpatharu Cash 1,23,206 194A(3)(i)(b) Certificates (KCC): Institutions (Others

M/S PRESTIGE ESTATES PROJECTS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-18(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri N.V.Vasudevan, Vp & Shri Chandra Poojari, Am

section 53A of the Transfer of Property Act. This agreement cannot, therefore, be said to be in the nature of a contract referred to in section 53A of the Transfer of Property Act. It cannot, therefore, be said that the provisions of section 2(47)(v) will apply in the situation before us. Considering the facts and circumstances

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

TDS. The Assessing Officer held that section 194A(3)(i)(b) of the I.T.Act is specific provision and have application and not section 194A(3)(v

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

v. Union of India (supra) as noted above, the Hon’ble Supreme Court had held that only undertaking was acquired for the banking companies acquisition and transfer of invoking ordinance which was promulgated on 19/06/1969, which culminated into the Act of Banking Companies (Acquisition and Transfer of Undertaking) Act,1970. Thus, assessee cannot be treated as a company under

ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE vs. CANARA BANK (ERSTWHILE SYNDICATE BANK), BANGALORE

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

v. Union of India (supra) as noted above, the Hon'ble Supreme\nCourt had held that only undertaking was acquired for the banking\ncompanies acquisition and transfer of invoking ordinance which was\npromulgated on 19/06/1969, which culminated into the Act of Banking\nCompanies (Acquisition and Transfer of Undertaking) Act,1970. Thus,\nassessee cannot be treated as a company under

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

v. Union of India (supra) as noted above, the Hon'ble Supreme\nCourt had held that only undertaking was acquired for the banking\ncompanies acquisition and transfer of invoking ordinance which was\npromulgated on 19/06/1969, which culminated into the Act of Banking\nCompanies (Acquisition and Transfer of Undertaking) Act,1970. Thus,\nassessee cannot be treated as a company under

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

v. Union of India (supra) as noted above, the Hon’ble Supreme Court had held that only undertaking was acquired for the banking companies acquisition and transfer of invoking ordinance which was promulgated on 19/06/1969, which culminated into the Act of Banking Companies (Acquisition and Transfer of Undertaking) Act,1970. Thus, assessee cannot be treated as a company under