DARJEELING DISTRICT CENTRAL CO.OP. BANK LTD. ,DARJEELING vs. ACIT(OSD)(TDS)WD-5(3), DARJEELING, , DARJEELING.

In the result, all the appeals of the assessee are allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

TDS u/s. 194A of the Act and/or whether the exclusive provisions mentioned in clause (v) of sec. 194A(3) of the Act are applicable to the Cooperative Bank when interest is paid to a co-operative society which is also a member of the State Cooperative Bank. It is stated that both the lower authorities misunderstood the provisions of section

DARJEELING DISTRICT CENTRAL CO-OPERATIVE BANK LTD. ,DARJEELING vs. ACIT(OSD)(TDS),WD-5(3),DARJEELING, DARJEELING.

In the result, all the appeals of the assessee are allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

TDS u/s. 194A of the Act and/or whether the exclusive provisions mentioned in clause (v) of sec. 194A(3) of the Act are applicable to the Cooperative Bank when interest is paid to a co-operative society which is also a member of the State Cooperative Bank. It is stated that both the lower authorities misunderstood the provisions of section

M/S. HOOGHLY DISTRICT CENTRAL CO-OPERATIVE BANK LTD.,HOOGHLY vs. D.C.I.T., CIRCLE - 23(), HOOGHLY, HOOGHLY

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

194A of the Act. But in those cases for which Form 15G & 15H are received form the depositors tax at source is not deducted. The assessee bank regularly receives Form 15G & 15H and submits the same to the jurisdictional officer in charge of TDS. For the year under appeal there was a change in systems and the assessee was required

M/S. HOOGHLY DISTRICT CENTRAL CO-OPERATIVE BANK LTD.,HOOGHLY vs. D.C.I.T., CIRCLE - 23(), HOOGHLY, HOOGHLY

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

194A of the Act. But in those cases for which Form 15G & 15H are received form the depositors tax at source is not deducted. The assessee bank regularly receives Form 15G & 15H and submits the same to the jurisdictional officer in charge of TDS. For the year under appeal there was a change in systems and the assessee was required

UNITED BANK OF INDIA,KOLKATA vs. D.C.I.T CIR- 6,KOLKATA, KOLKATA

In the result, the appeal of the revenue in ITA No

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

section 194A of the Act are applicable only in respect of interest on term deposits and not in respect of demand deposits. The Learned AO did not agree with this proposition and sought to disallow the interest on matured term deposits to the tune of Rs. 21,66,00,000/- for violation of TDS

M/S KHALSA BROTHERS,DURGAPUR vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal filed by the assessee (in Ground No

section 194A of the Act, therefore, the entire amount should be disallowed u/s 40(a)(ia) of the Act. However, during the assessment proceedings, the assessee contended before the AO that no TDS

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S CHAMPION COMMERCIAL CO. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2013-14 Dcit, Circle-10(1), V/S. M/S Champion P-7, Chowringhee Commercial Co. Ltd., Square, 3Rd Floor, P-15, Cit Road, Kolkata-69 Kolkata-73 [Pan No.Aabcc 2373 G] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Saurabh Kumar, Addl. Cit-Sr-Dr अपीलाथ" क" ओर से/By Appellant Shri Manoj Kataruka, Advocate ""यथ" क" ओर से/By Respondent 26-02-2018 सुनवाई क" तार"ख/Date Of Hearing 27-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-4, Kolkata Dated 04.04.2016. Assessment Was Framed By Dcit, Circle-10(1), Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 10.02.2016 For Assessment Year 2013-14. The Revenue Has Raised The Following Grounds:- “I. That On The Facts Of The Case Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.2,50,938/- On A Wrong Appreciation Of Facts Ignoring The Provisions Of Section 37(1) Overrule The Judicial Pronouncement Of Cit Vs. Calcutta Agency Limited (1951) (191) Itr (Sc) Ii. That On The Facts & Circumstances Of The Case Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.13,91,404/- On A Wrong Appreciation Of Facts Ignoring The Provisions Of Section 37 Of The It Act, 1961. Iii. That On The Facts Of The Case Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.20,25,329/- On Wrong Appreciation Of Facts Ignoring The

Section 194A of the Act there is no liability to deduct the TDS on the interest payment made to banking

ACIT, CIRCLE - 25, KOLKATA , KOLKATA vs. SMT. CHAMPA NANDI, KOLKATA

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

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am Acit, Circle-25, Kolkata Vs. Smt. Champa Nandi 1St Floor, Aayakar Bhawan Dakshin, 2, Flat No.Ud-0606, Udita Gariahat Road (South), Kolkata – 700 068. Complex, 1050/1, Survey Park, E.M. Byepass, Kolkata – 700 075. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abqpn 6470 L (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

section 194A is not attracted and as such no TDS had been deducted. However, the assessing officer rejected the contention

ITO, WD-58(1), KOLKATA, KOLKATA vs. M/S ITD-ITD CEM JV (CONSORTIUM OF ITD ITD CEMENTATION), KOLKATA

In the result, the appeal of the revenue is dismissed

TDS and not covered by section from 194A of the Act and relied on the catenae of orders passed by Kolkata

ACIT, CIRCLE-41, NADIA, NADIA vs. M/S SAKTINAGAR SAMABAY KRISHI UNNYAN SAMITY LTD., NADIA

In the result, the appeal of the revenue is dismissed

Section 194A which provided that TDS need not be deducted if payment by a co-operative society is made to a resident

ACIT, CIRCLE - 3, ASANSOL, ASANSOL vs. M/S. SANJAY TRANSPORT AGENCY, BURDWAN

In the result, the appeal of revenue is partly allowed

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

TDS. This view of ours is fortified by the decision of Coordinate Bench of Mumbai Tribunal in the case of Vipin P.Mehta in ITA No.3317/M/2010 dated 20th May, 2011, wherein it is held as under: “6.We have carefully considered the facts and the rival contentions. Section 194A

SUBIR ENGINEERING WORKS PVT. LTD.,KOLKATA vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal of assessee is partly allowed

Bench: The Ao That Post Dated Cheques For Short As Pdcs Were Issued Against Such Loan To The Said Finance Company & Therefore, The Assessee Was Not In A Position To Deduct Tax At Source On Interest Payments. This Explanation Of The Assessee Was Not Acceptable To Ao & As Such Added Said Amount 1 Of Rs.6,74,976/- To The Total Income Of Assessee For Violation Of Section 194A Of The Act By Invoking The Provisions U/Sec 40(A)(Ia) Of The Act.

TDS as per section 194A(1) of the Act and confirmed the disallowance made by the AO. 7. Before us the ld.AR

DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. WEST BENGAL HOUSING INFRASTRUCTURE DEV. CORPN. LTD., KOLKATA

In the result ITA No.213/Kol/2012 of the revenue is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2005-06

TDS Provisions under Section 194A had not been applicable to the payments made by the appellant.” 3. The assessee is a company

WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.,KOLKATA vs. ITO, WARD - 11(1), KOLKATA, KOLKATA

In the result ITA No.213/Kol/2012 of the revenue is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2005-06

TDS Provisions under Section 194A had not been applicable to the payments made by the appellant.” 3. The assessee is a company

WEST BENGAL HOUSING DEVELOPMENT CORPORATION LTD.,KOLKATA vs. THE I.T.O, WARD-11(1), KOLKATA, KOLKATA

In the result ITA No.213/Kol/2012 of the revenue is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2005-06

TDS Provisions under Section 194A had not been applicable to the payments made by the appellant.” 3. The assessee is a company

I.T.O WD - 6(2),KOLKATA., KOLKATA vs. M/S AXIX OVERSEAS LTD, KOLKATA

In the result, Revenue’s appeal is partly allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

TDS under the provision of Section 194A of the Act. However, AO disregarded the contention of the assessee and made

AXIX OVERSEAS LTD,KOLKATA vs. ITO, WARD - 7(1), KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

TDS under the provision of Section 194A of the Act. However, AO disregarded the contention of the assessee and made

D.C.I.T WD - 9(3),KOLKATA, KOLKATA vs. M/S INDIAN LEASING & TRADING PVT LTD, KOLKATA

In the result the appeal of the revenue is dismissed

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am] Assessment Year : 2007-08 I.T.O., Ward-9(3) -Versus- M/S. Indian Leasing & Trading Kolkata Pvt.Ltd., Kolkata (Pan:Aaacf3904D) (Appellant ) (Respondent)

section 194A and accordingly the applicability of TDS provision would not come into force. The learned AO however strangely observed

M/S STANDARD FINANCIAL CONSULTANTS PVT. LTD. ,KOLKATA vs. DCIT, CIR.7(2), KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Sri Rajesh Kumar & Sonjoy Sarma

TDS has been deducted at source from the said interest. We note that the said interest has not been incurred by the assessee on any amount borrowed during the normal course of business and therefore, cannot be considered as interest u/s 2(28A) of the Act. In our opinion, the provision of Section 194A