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

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

section. The operative portion of this order of the co-ordinate bench from paras 12 to 23 thereof are extracted hereunder :- “ 12. We have heard the rival submissions. The learned counsel for the Assessee after referring to the relevant provisions of Sec.194A(3)(i)(b), 194A(3)(v) and 194A(3)(viia) of the Act (these provisions have already been

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

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

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

viia) read with clause (i)(b) to sub-section (3) of section 194A of the Act on the facts and circumstances of the case. 12. The learned Commissioner of Income Tax (Appeals) failed to appreciate that, the period of levy of interest under section 201 (1A) should have been restricted to the date of payment of tax on such interest

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

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

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

TDS is not to be deducted. It is very relevant to note that at the time of Acquisition Act was enacted, Central Government had issued a Notification No. SO 710 dated 16/02/1970 [1970] [Reported in 75 ITR (Stat) 106] which reads as under:- 58. Income-tax Act, 1961: Notification under sec. 194A(3)(iii)(f) Notification

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

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)(viia

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

viia), "time deposits" means deposits (excluding recurring deposits) repayable on the expiry of fixed periods. Claim of the assessee is that it falls under sub-clause (f) of clause (iii) to sub-section (3) of the above section. Reliance has also been placed on notification SO 3489 [No.170 F. No.12/164/68 – ITCC/ITJ, dt.22.10.1970]. Said GO is also reproduced hereunder : Page

INCOME TAXOFFICER TDS WARD-1 , HUBBALLI vs. THE SARASWAT CO-OP BANK LTD , HUBBALLI

In the result, all the four appeals filed by the revenue are partly allowed for statistical purposes

Bench: Shri A.K. Garodia & Shri George George K

viia). 3. Learned DR of the revenue supported the orders passed by the A.O. u/s 194A. Learned AR of the assessee supported the order of CIT (A) and placed reliance on a ITA Nos. 1246 to 1249/Bang/2017 Page 2 of 3 judgment of Hon’ble Bombay High Court (GOA BENCH) in assessee’s own case in Tax Appeals No. 3

INCOME TAX OFFICER TDS WARD-1 , HUBBALLI vs. THE SARASWAT CO-OP BANK LTD , HUBBALLI

In the result, all the four appeals filed by the revenue are partly allowed for statistical purposes

Bench: Shri A.K. Garodia & Shri George George K

viia). 3. Learned DR of the revenue supported the orders passed by the A.O. u/s 194A. Learned AR of the assessee supported the order of CIT (A) and placed reliance on a ITA Nos. 1246 to 1249/Bang/2017 Page 2 of 3 judgment of Hon’ble Bombay High Court (GOA BENCH) in assessee’s own case in Tax Appeals No. 3

INCOME TAX OFFICER TDS WARD-1 , HUBBALLI vs. THE SARASWAT CO-OP BANK LTD , HUBBALLI

In the result, all the four appeals filed by the revenue are partly allowed for statistical purposes

Bench: Shri A.K. Garodia & Shri George George K

viia). 3. Learned DR of the revenue supported the orders passed by the A.O. u/s 194A. Learned AR of the assessee supported the order of CIT (A) and placed reliance on a ITA Nos. 1246 to 1249/Bang/2017 Page 2 of 3 judgment of Hon’ble Bombay High Court (GOA BENCH) in assessee’s own case in Tax Appeals No. 3

INCOME TAX OFFICER WARD-1 , HUBBALLI vs. THE SARAWAT CO-OP BANK LTD , HUBBALLI

In the result, all the four appeals filed by the revenue are partly allowed for statistical purposes

Bench: Shri A.K. Garodia & Shri George George K

viia). 3. Learned DR of the revenue supported the orders passed by the A.O. u/s 194A. Learned AR of the assessee supported the order of CIT (A) and placed reliance on a ITA Nos. 1246 to 1249/Bang/2017 Page 2 of 3 judgment of Hon’ble Bombay High Court (GOA BENCH) in assessee’s own case in Tax Appeals No. 3

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

KARNATAKA VIKAS GRAMEEN BANK,DHARWAD vs. INCOME TAX OFFICER, TDS WARD-1, HUBLI

In the result, ITA Nos.1526 & 1527/Bang/2017 are allowed, while

Bench: Shri Chandra Poojari & Smt. Beena Pillai

3) The provisions of sub-section (1) shall not apply- (1) where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the person referred to in sub-section (1) to the account

KARNATAKA VIKAS GRAMEEN BANK,DHARWAD vs. INCOME TAX OFFICER, TS WARD-1, HUBLI

In the result, ITA Nos.1526 & 1527/Bang/2017 are allowed, while

Bench: Shri Chandra Poojari & Smt. Beena Pillai

3) The provisions of sub-section (1) shall not apply- (1) where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the person referred to in sub-section (1) to the account

KARNATAKA VIKAS GRAMEEN BANK,DHARWAD vs. INCOME TAX OFFICER, TDS WARD-1, HUBLI

In the result, ITA Nos.1526 & 1527/Bang/2017 are allowed, while

Bench: Shri Chandra Poojari & Smt. Beena Pillai

3) The provisions of sub-section (1) shall not apply- (1) where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the person referred to in sub-section (1) to the account