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140 results for “disallowance”+ Section 194A(3)(i)clear

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Key Topics

Section 4094Deduction63Section 80P(2)(a)58TDS57Disallowance54Section 80P53Section 80P(2)(d)43Section 20143Addition to Income43Section 194A

THE RADDI SAHAKARA BANK NIYAMITHA,DHARWAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1), HUBBALLI

In the result, the impugned order could not be faulted with

ITA 538/BANG/2023[2014-15]Status: DisposedITAT Bangalore21 Sept 2023AY 2014-15

Bench: Shri Laxmi Prasad Sahu & Ms. Madhumita Royassessment Year : 2014-15

For Appellant: Shri Parthasarthi and Smt. Sheetal, AdvocatesFor Respondent: Ms. Neera Malhotra, CIT (DR)
Section 143(3)Section 40A

3. The ld.AR further submitted before us that the issue involved in this particular case as to whether the assessee has deducted tax at source on payment made to members as already been duly considered by the co-ordinate bench of this Tribunal in assessee’s own case for the assessment year 2010-11 and 2011- 12 in SP. No.51

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

Showing 1–20 of 140 · Page 1 of 7

39
Section 143(3)37
Section 115J33
ITA 1192/BANG/2014[2010-11]Status: DisposedITAT Bangalore20 Mar 2015AY 2010-11

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

For Appellant: Shri. G.V.Desai, CAFor Respondent: Dr.P.K.Srihari, Addl.CIT
Section 194Section 194ASection 194A(1)Section 201Section 201(1)Section 51

disallowed was payment of interest to members and therefore there was no obligation to deduct tax at source in view of the provisions of Sec.194A(3)(v) of the Act. The Assessee also drew attention of the AO to the decision of the Hon’ble Bombay High Court in the case of The Jalgaon District Central Co-operative Bank

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

ITA 368/BANG/2015[2010-11]Status: DisposedITAT Bangalore10 Jul 2015AY 2010-11

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

For Appellant: Mrs. Sheetal Borkar, AdvocateFor Respondent: Shri P. Dhivahar, Jt. CIT(DR)
Section 194ASection 194A(1)Section 201Section 201(1)Section 51

disallowed was payment of interest to members and therefore there was no obligation to deduct tax at source in view of the provisions of Sec.194A(3)(v) of the Act. The Assessee also drew attention of the AO to the decision of the Hon’ble Bombay High Court in the case of The Jalgaon District Central Co- operative Bank

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

ITA 1481/BANG/2018[2012-13]Status: DisposedITAT Bangalore28 Aug 2019AY 2012-13

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

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Shri. R. N. Siddappajji, Addl. CIT
Section 143(3)Section 194ASection 234BSection 40

section 194A(3)(v) of the Act were not applicable to the assessee; and that the AO arrived at the disallowance

INFOSYS LTD.,,BANGALORE vs. ADDL.C.I.T, BANGALORE

In the result, Revenue’s appeal for A

ITA 102/BANG/2013[2005-06]Status: DisposedITAT Bangalore10 Nov 2017AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

For Appellant: Shri H.N. Khincha, C.AFor Respondent: Shri R. N. Parbat, CIT-III (D.R)
Section 143(3)Section 195Section 40Section 92ASection 92C

3,69,70,354/- which was claimed in the return of income. 10.2 The learned Commissioner of Income tax (Appeals)-I, Bangalore has erred in not allowing double taxation relief on account of variation of deduction under section 10A and consequent increase in income, as confirmed / sustained by the appellate order. 11.1 The learned Commissioner of Income tax (Appeals

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

ITA 937/BANG/2024[2013-14]Status: DisposedITAT Bangalore16 Oct 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Ms. Brinda Rameswaran, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 115JSection 143(3)Section 14ASection 250

disallowance u/s 14A of the Act.” 6.1 In view of the above order of this Tribunal cited (supra), taking a consistent view, we allow this ground taken by the assessee. ITA Nos.937 & 938/Bang/2024 M/s. Canara Bank (Erstwhile Syndicate Bank), Bangalore Page 7 of 20 7. Ground No.4 of the appeal is with regard to the applicability of the provisions

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

ITA 297/BANG/2024[2018-19]Status: DisposedITAT Bangalore17 Jan 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessmentyear: 2017-18

For Appellant: Sri Abharana &Anantham, A.RsFor Respondent: Ms. Neera Malhotra, D.R
Section 115JSection 143(3)Section 14ASection 234BSection 250

194A(3), makes it clear that even Government of India considers the above entities separate and distinct from banking companies. Once under the Income Tax Act, Legislature itself has made a distinction for the aforesaid banks including the assessee are not covered as banking company, then, this further buttresses the point that these banks are separate and distinct from other

INCOME TAX OFFICER, BANGALORE vs. M/S.DELL INDIA PVT.LTD.,, BANGALORE

In the result the appeals filed by assessee and revenue for A

ITA 2035/BANG/2016[2014-15]Status: DisposedITAT Bangalore25 Mar 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Section 201

disallowed the entire provision so created under Sections 40(a)(i)/(ia) of the Act. The Ld.AO initiated proceedings under Section 201 of the Act and passed an order dated 12.03.2015 deeming the assessee to be an ‘assessee-in-default’ for non deduction of tax at source on which provision created to the extent of Rs.3

DELL INDIA P LTD,BANGALORE vs. INCOME TAX OFFICER(TDS), LTU, BANGALORE

In the result the appeals filed by assessee and revenue for A

ITA 1644/BANG/2014[2012-13]Status: DisposedITAT Bangalore25 Mar 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Section 201

disallowed the entire provision so created under Sections 40(a)(i)/(ia) of the Act. The Ld.AO initiated proceedings under Section 201 of the Act and passed an order dated 12.03.2015 deeming the assessee to be an ‘assessee-in-default’ for non deduction of tax at source on which provision created to the extent of Rs.3

DELL INTERNATIONAL SERVICES INDIA PVT. LTD.,,BANGALORE vs. ITO, BANGALORE

In the result the appeals filed by assessee and revenue for A

ITA 1151/BANG/2015[2012-13]Status: DisposedITAT Bangalore25 Mar 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Section 201

disallowed the entire provision so created under Sections 40(a)(i)/(ia) of the Act. The Ld.AO initiated proceedings under Section 201 of the Act and passed an order dated 12.03.2015 deeming the assessee to be an ‘assessee-in-default’ for non deduction of tax at source on which provision created to the extent of Rs.3

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

ITA 2137/BANG/2018[2012-13]Status: DisposedITAT Bangalore14 Nov 2022AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

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

ITA 2139/BANG/2018[2014-15]Status: DisposedITAT Bangalore14 Nov 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

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

ITA 2136/BANG/2018[2011-12]Status: DisposedITAT Bangalore14 Nov 2022AY 2011-12

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

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

ITA 2135/BANG/2018[2010-11]Status: DisposedITAT Bangalore14 Nov 2022AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

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

ITA 2138/BANG/2018[2013-14]Status: DisposedITAT Bangalore14 Nov 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

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

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

ITA 88/BANG/2015[2007-08]Status: DisposedITAT Bangalore29 May 2015AY 2007-08

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

For Appellant: Shri N. Balakrishnan, Jt. CIT(DR)For Respondent: None
Section 139Section 143(3)Section 194ASection 194A(1)Section 40

Disallowance of interest paid on deposits for non-deduction of TDS – Rs.5,18,83,290 Sl. Particulars Amount paid Sub-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 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

ITA 1594/BANG/2018[2012-13]Status: DisposedITAT Bangalore18 Mar 2021AY 2012-13

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

For Appellant: Smt.Prathisha R., AdvocateFor Respondent: Sri.Kannan Narayanan, JCIT-DR
Section 194A(3)(i)Section 194A(3)(v)Section 40Section 43D

section 194A(3)(v)} is applicable to the facts of the present case . Therefore the contention of ld DR is not correct. Further the case is also covered in favour of assessee by the decision of the coordinate bench in the matter of Vasavamba Cooperative Bank Ltd (supra), further there is no reason for this bench to take a contrary

DCIT, HASSAN vs. M/S SUJATHA NARAYAN & ASSOCIATES, HASSAN

In the result, the appeals of the assessee are partly allowed for statistical purposes and that of the revenue are dismissed

ITA 71/BANG/2011[2005-06]Status: DisposedITAT Bangalore06 Jan 2017AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaraman

For Appellant: Shri A. Shankar, AdvocateFor Respondent: Shri G.R. Reddy, CIT(DR)(ITAT)-1
Section 148Section 234BSection 30Section 40Section 40A(3)

disallowance made u/s 40(a)(ia) was rightly done, as the assessee failed to deduct tax in view of the provisions of Sec 194H. 3) The Ld. CIT(A) has not appreciated the fact that exception clauses provided as per Sec 194A(3) has not been provided to Section

M/S. SUJATHA NARAYANAN & ASSOCIATES,HASSAN vs. ACIT, HASSAN

In the result, the appeals of the assessee are partly allowed for statistical purposes and that of the revenue are dismissed

ITA 51/BANG/2011[2005-06]Status: DisposedITAT Bangalore06 Jan 2017AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaraman

For Appellant: Shri A. Shankar, AdvocateFor Respondent: Shri G.R. Reddy, CIT(DR)(ITAT)-1
Section 148Section 234BSection 30Section 40Section 40A(3)

disallowance made u/s 40(a)(ia) was rightly done, as the assessee failed to deduct tax in view of the provisions of Sec 194H. 3) The Ld. CIT(A) has not appreciated the fact that exception clauses provided as per Sec 194A(3) has not been provided to Section

ITO, SIRSI vs. THE TOTAGARS CO-OPERATIVE SALE SOCIETY, SIRSI

In the result, the appeals of the revenue as well as the cross objections of the assessee are dismissed

ITA 704/BANG/2015[2007-08]Status: DisposedITAT Bangalore22 Jan 2016AY 2007-08

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Venkatesh, AdvocateFor Respondent: Shri Sunil Kumar Agarwala, JCIT(DR)
Section 10(34)Section 143(3)Section 80PSection 80P(2)(d)

section 194A(3)(v) of the Act, wherein it was mandated that a cooperative society was not required to deduct tax at source if the interest credit were paid to any cooperative society. It had unequivocally held that the said provision applied to all cooperative societies including a cooperative society engaged in the business of the bank or in other