DARJEELING DISTRICT CENTRAL CO-OP. BANK LTD. ,DARJEELING vs. ACIT, CIR-3(1),SILIGURI. , SILIGURI

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

194A(3)(v) of the Income Tax Act, 1961 w.e.f. 01.06.215. 5. That on the facts of the case, the ld. AO(TDS) has erred in law by initiating proceedings under section 201(1) and 201(lA) of the I.T.Act,1961 without satisfying himself as to whether the deductee/payee assessee has failed to pay taxes directly, which has been held

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

194A(3)(v) of the Income Tax Act, 1961 w.e.f. 01.06.215. 5. That on the facts of the case, the ld. AO(TDS) has erred in law by initiating proceedings under section 201(1) and 201(lA) of the I.T.Act,1961 without satisfying himself as to whether the deductee/payee assessee has failed to pay taxes directly, which has been held

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

194A of the Act. Finally, the AO disallowed 30% of the above interest payment being disallowance u/s 40a(ia) of the Act. In our opinion the provisions of Section 40a(ia) cannot be invoked where there is a short deduction of tax at source but in a case, where there is a complete non- deduction of tax at source

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

disallowance on this account was made by the department in the earlier years. In support of this contention, he placed the copy of the Learned CIT(A) order for the Asst Year 2007-08. ITA Nos.1916/K/12 & 113/K/13-C-AM United Bank of India 9 9.3. We have heard the rival submissions and find that the provisions of section 194A(3

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

3) (viia), are not liable to deduct tax at source under section 194A. I find merit in this contention of the learned counsel for the assessee and uphold the impugned order of the Ld. CIT (A) deleting the disallowance

BIBHISANPUR SAMABAY KRISHI UNNAYAN SAMITY LTD.,KOLKATA vs. I.T.O., WARD - 27(4), HALDIA/ WBG-W-176(3), HALDIA

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

3)(v) of the Act excluding the Co-operative Banks from the definition of "Co-operative Society" by Finance Act, 2015 and requiring them to deduct income tax at source under Section 194A of the Act also makes the legislative intent clear that the Co-operative Banks are not that species of genus co-operative society, which would be entitled

ITO, WD-8(1), KOLKATA, KOLKATA vs. M/S BATRAM PROPERTIES PVT. LTD., KOLKATA

In the result the appeal by the revenue is treated as allowed for statistical purposes

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr. Arjun Lal Saini, Am] I.T.A No.983/Kol/2016 Assessment Year : 2009-10 I.T.O., Ward-8(1) -Vs.- M/S. Batram Properties Pvt. Ltd. Kolkata Kolkata [Pan : Aaccb 0291 R] (Respondent) (Appellant) For The Appellant : Shri Soumyajit Dasgupta, Addl.Cit For The Respondent : Shri Soumitra Choudhury, Advocate Date Of Hearing : 28.11.2017. Date Of Pronouncement : 01.12.2017. Order Per N.V.Vasudevan, Jm

section 194A of the Act will be clearly attracted and since the assessee failed to deduct tax at source the disallowance u/s 40(a)(ia) of the Act has to be made. 5. On appeal by the assessee the CIT(A) accepted the submissions of the assessee deleted the addition made by the AO. by observing as follows :- “Accordingly

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

disallowed the impugned provision on the ground that it is liable to be allowed in the year when it is actually incurred, and because assessee had shown the total income of Rs.41,92,05,032 from TNRDC for road construction on receipt basis. This aspect of the matter has been Challenged before the CIT(A), who held that

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

disallowed the impugned provision on the ground that it is liable to be allowed in the year when it is actually incurred, and because assessee had shown the total income of Rs.41,92,05,032 from TNRDC for road construction on receipt basis. This aspect of the matter has been Challenged before the CIT(A), who held that

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

disallowed the impugned provision on the ground that it is liable to be allowed in the year when it is actually incurred, and because assessee had shown the total income of Rs.41,92,05,032 from TNRDC for road construction on receipt basis. This aspect of the matter has been Challenged before the CIT(A), who held that

ITO,WARD-1(1), KOLKATA, KOLKATA vs. M/S. SHAHI ROADWAYS(P)LTD, HOWRAH

In the result, the appeal of the revenue is partly allowed

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

3 page 403.)” In view of the aforesaid circular, we hold that the payment of hire charges does not fall under the term interest as defined in section 2(28A) of the Act and consequently the payments are not liable for deduction of tax at source u/s 194A of the Act. Hence no disallowance

DEPUTY COMMISSIONER OF INCOME TAX, CIR-3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, GANGTOK SIKKIM

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

disallowed the claim of deduction under section 80P (2) (d) and held that the entire interest income of Rs. 2,59,49,002/-, was taxable as Income from Other Sources under section 56, as the assessee has failed to produce any evidence to show that it has incurred any expenditure wholly and exclusively to earn such interest income.” 3.3. During

THE DCIT, CIR-3(2) GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

disallowed the claim of deduction under section 80P (2) (d) and held that the entire interest income of Rs. 2,59,49,002/-, was taxable as Income from Other Sources under section 56, as the assessee has failed to produce any evidence to show that it has incurred any expenditure wholly and exclusively to earn such interest income.” 3.3. During

ACIT, CIRCLE-2, ASANSOL, ASANSOL vs. M/S. EASTERN COALFIELDS LTD.,

In the result, ITA No. 1636/Kol/2014 (Revenue’s appeal) is dismissed, ITA No

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And डॉ. अजु"न लाल सैनी, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of such interest. As per provisions contained in section 194A(3)(iii)(f) read with Notification No. S03489( dated

EASTERN COALFILELDS LTD. vs. ACIT, CIRCLE-2, ASANSOL, ASANSOL

In the result, ITA No. 1636/Kol/2014 (Revenue’s appeal) is dismissed, ITA No

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And डॉ. अजु"न लाल सैनी, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of such interest. As per provisions contained in section 194A(3)(iii)(f) read with Notification No. S03489( dated

ACIT, CIRCLE-2, ASANSOL, ASANSOL vs. M/S. EASTERN COALFIELDS LTD.,

In the result, ITA No. 1636/Kol/2014 (Revenue’s appeal) is dismissed, ITA No

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And डॉ. अजु"न लाल सैनी, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of such interest. As per provisions contained in section 194A(3)(iii)(f) read with Notification No. S03489( dated

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]

3 of Section 272A and sub-section 4 requires that an opportunity shall be given to the assessee before any penalty order is passed. 7 Sanjay Transport Agency AY 2008-09 7. In the present case the claim of the assessee is that at the time of paying the interest to the 34 persons mentioned in the assessment order

SRI HARTAJ SEWA SINGH,KOLKATA vs. DCIT(IT), CIRCLE-1(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2012-13

disallowance as per the provisions of section 14A of the Act was offered though the assessee had exempted income. 4. The assessee has shown negative bank balance in his personal balance sheet but the AO has made no enquiry during the assessment proceedings. In respect of aforesaid issues it was alleged

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.

3. The AO during the assessment proceedings found that the assessee debited an amount of Rs.6,74,976/- as interest on motor vehicle loan, which was taken from M/s. Sundram Finance Ltd. The AO asked the assessee to explain why above mentioned amount should not be disallowed for violation of section 194A