MUTHOOT FINCORP LIMITED,THIRUVANANTHAPURAM vs. JCIT, SPECIAL RANGE, THIRUVANANTHAPURAM

In the result, the appeals filed by the assessee stand dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

disallowance is without jurisdiction. In order to answer this contention, reference to Section 194A(1) and its proviso is necessary

MUTHOOT FINCORP LIMITED,TRIVANDRUM vs. ITO,CIRCLE CENTRAL, TRIVANDRUM

In the result, the appeals filed by the assessee stand dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

disallowance is without jurisdiction. In order to answer this contention, reference to Section 194A(1) and its proviso is necessary

M/S. MANGALAM PUBLICATIONS(INDIA) P.LTD,KOTTAYAM vs. DCIT, KOTTAYAM

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

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

194A of the I.T.Act, the Assessing Officer has correctly invoked the provisions of section 40(a)(ia) of the I.T.Act and disallowed interest payment. Therefore, ground No.4 is rejected. 8. In the result, the appeal filed by the assessee is dismissed. Order pronounced on this 02nd day of December, 2019. (Chandra Poojari) JUDICIAL MEMBER Cochin ; Dated : 02nd December, 2019. Devadas

THE ITO, TRIVANDRUM vs. M/S.PERRORKADA SERVICE CO-OP BANK LTD, TRIVANDRUM

In the result, the appeal of the Revenue in I

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

disallow sums mentioned in section 194A(3)(viia). vi. examining whether contingency expense claimed is an allowable item. vii. Ensure that interest income on deposits is accounted for in accordance with provisions of section 145. viii. computation of income in accordance with cash or mercantile system as applicable. ix. consideration of Form 3CD which is to be called

M/S.PERRORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, TRIVANDRUM

In the result, the appeal of the Revenue in I

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

disallow sums mentioned in section 194A(3)(viia). vi. examining whether contingency expense claimed is an allowable item. vii. Ensure that interest income on deposits is accounted for in accordance with provisions of section 145. viii. computation of income in accordance with cash or mercantile system as applicable. ix. consideration of Form 3CD which is to be called

M/S.PEROORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WD-2(1), TRIVANDRUM, TRIVANDRUM

In the result, the appeal of the Revenue in I

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

disallow sums mentioned in section 194A(3)(viia). vi. examining whether contingency expense claimed is an allowable item. vii. Ensure that interest income on deposits is accounted for in accordance with provisions of section 145. viii. computation of income in accordance with cash or mercantile system as applicable. ix. consideration of Form 3CD which is to be called

M/S.PERRORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, TRIVANDRUM

In the result, the appeal of the Revenue in I

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

disallow sums mentioned in section 194A(3)(viia). vi. examining whether contingency expense claimed is an allowable item. vii. Ensure that interest income on deposits is accounted for in accordance with provisions of section 145. viii. computation of income in accordance with cash or mercantile system as applicable. ix. consideration of Form 3CD which is to be called

M/S.PEROORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WD-2(1), TRIVANDRUM, TRIVANDRUM

In the result, the appeal of the Revenue in I

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

disallow sums mentioned in section 194A(3)(viia). vi. examining whether contingency expense claimed is an allowable item. vii. Ensure that interest income on deposits is accounted for in accordance with provisions of section 145. viii. computation of income in accordance with cash or mercantile system as applicable. ix. consideration of Form 3CD which is to be called

VADAKKEVILA SERVICE CO-OPERATIVE BANK LTD,KOLLAM vs. THE ITO, KOLLAM

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowing the interest paid to members u/s 40(a)(ia) of the Act without appreciating that the tax is not required to be deducted u/s 194A of the Act if the interest is paid to members of the co- operative society.” 3. We have given thoughtful consideration to the Revenue’s foregoing objection to the assessee’s sec.80P deduction claim

M/S.VIJAYA PALACE,,KOLLAM vs. THE ITO, KOLLAM

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

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

194A would apply. It was submitted that even if there was failure to deduct tax at source, the disallowance should have been restricted to thirty percent of the amount as the amendment to the provisions of s. 40(a)(ia) was retrospective. 6. The Ld. DR relied on the order of the CIT(A). 7. We have heard the rival

M/S.VENNALA SERVICE CO-OP BANK LTD,ERNAKULAM vs. THE ITO, KOCHI

In the result the appeal filed by the assessee was rejected by the CIT(A) for assessment year under consideration

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

1. The reasons recorded for initiating proceedings u/s. 147 was not communicated to the appellant. Assessment is liable to be set aside. 2. The Assessing Officer ought to have seen that as per section 194A(3)(v) and 194A(3)(viia)(a), the appellant is not liable to deduct TDS on interest payments. The assessing 2 M/s.The Vennala

M/S.POPULAR TRADERS,PATHANMTHITTA vs. THE ITO,(TDS), ALAPPUZHA, ALAPPUZHA

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

disallowance of interest expenditure. It is ordered accordingly.” 4.5.3. As per the above decision of ITAT, the defects in Form 15G/15H are curable. But it would be also relevant to examine which defects are not curable. In the case of Kerala State Financial Enterprises Ltd. 2O18 TaxPub(DT) O839, Hon'ble ITAT Cochin held as under: “4.2 As regards

M/S.POPULAR TRADERS,PATHANAMTHITTA vs. THE ITO,(TDS), ALAPPUZHA

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

disallowance of interest expenditure. It is ordered accordingly.” 4.5.3. As per the above decision of ITAT, the defects in Form 15G/15H are curable. But it would be also relevant to examine which defects are not curable. In the case of Kerala State Financial Enterprises Ltd. 2O18 TaxPub(DT) O839, Hon'ble ITAT Cochin held as under: “4.2 As regards

THE ITO (TDS), ALAPPUZHA vs. M/S.POPULAR PRINTERS, PATHANAMTHITTA

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

disallowance of interest expenditure. It is ordered accordingly.” 4.5.3. As per the above decision of ITAT, the defects in Form 15G/15H are curable. But it would be also relevant to examine which defects are not curable. In the case of Kerala State Financial Enterprises Ltd. 2O18 TaxPub(DT) O839, Hon'ble ITAT Cochin held as under: “4.2 As regards

THE ITO (TDS), ALAPPUZHA vs. M/S.POPULAR PRINTERS, PATHANAMTHITTA

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

disallowance of interest expenditure. It is ordered accordingly.” 4.5.3. As per the above decision of ITAT, the defects in Form 15G/15H are curable. But it would be also relevant to examine which defects are not curable. In the case of Kerala State Financial Enterprises Ltd. 2O18 TaxPub(DT) O839, Hon'ble ITAT Cochin held as under: “4.2 As regards

THE ITO (TDS), ALAPPUZHA vs. M/S.POPULAR PRINTERS, PATHANAMTHITTA

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

disallowance of interest expenditure. It is ordered accordingly.” 4.5.3. As per the above decision of ITAT, the defects in Form 15G/15H are curable. But it would be also relevant to examine which defects are not curable. In the case of Kerala State Financial Enterprises Ltd. 2O18 TaxPub(DT) O839, Hon'ble ITAT Cochin held as under: “4.2 As regards

M/S.POPULAR DEALERS,PATHANAMTHITTA vs. THE ITO,(TDS), ALAPPUZHA

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

disallowance of interest expenditure. It is ordered accordingly.” 4.5.3. As per the above decision of ITAT, the defects in Form 15G/15H are curable. But it would be also relevant to examine which defects are not curable. In the case of Kerala State Financial Enterprises Ltd. 2O18 TaxPub(DT) O839, Hon'ble ITAT Cochin held as under: “4.2 As regards

THE ITO (TDS), ALAPPUZHA vs. M/S.POPULAR PRINTERS, PATHANAMTHITTA

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

disallowance of interest expenditure. It is ordered accordingly.” 4.5.3. As per the above decision of ITAT, the defects in Form 15G/15H are curable. But it would be also relevant to examine which defects are not curable. In the case of Kerala State Financial Enterprises Ltd. 2O18 TaxPub(DT) O839, Hon'ble ITAT Cochin held as under: “4.2 As regards