STATE BANK OF INDIA,BELGAUM vs. ITO, (TDS), BELGAUM
In the result, all these appeals of the assessee are dismissed
ITA 32/PAN/2018[2012-13]Status: DisposedITAT Panaji31 Mar 2022AY 2012-13
Bench: Dr. M. L. Meena & Shri Anikesh Banerjeei.T.A. No. 32 To 34/Pan/2018 Assessment Years: 2012-13 To 2014-15 State Bank Of India Vs. Income Tax Officer (Tds) Regional Branch Office Belgaum Goaves, Hindwadi Belgaum – 590 011 [Aaacs8577K] (Appellant) (Respondent) Appellant By None Respondent By Smt. Rijula Uniyal, Sr. D/R Date Of Hearing 28.03.2022 Date Of Pronouncement 31.03.2022 Order Per Bench: These Captioned Appeals Are Filed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Belagavi, [Hereinafter The “Ld. Cit(A)] Even Dt. 08/11/2017, For The Assessment Years 2012-13, 2013-14 & 2014-15, Challenging The Non-Compliance Of Provisions U/S 201(1)/(1A) Of The Income Tax Act, 1961 [Hereinafter “The Act’]. 2. Facts In Brief Are That The Appellant/Assessee State Bank Of India, Regional Business Office Is A Banking Company Engaged In The Business Of Banking. A Survey U/S 133A Of The Act Was Conducted At The Bank Premises To Verify Compliance With Tds/Tcs Provisions. The Ito Held That The Assessee Has Failed To Deduct Tax At Source On The Reimbursement Made Against Foreign Ltc To The Officers Of The Bank & Accordingly He Applied The Provisions Of Section 201(1) & 201(1A) Of The Act Treating The Assessee In Default U/S 201(1) & Charged Interest U/S 201(1A) Of The Act. In Respect Of The Assessment Year 2012-13, 2013-14 & 2014-15. 2.1. Aggrieved The Assessee Preferred An Appeal Before The Ld. Cit(A) Who Has Confirmed The Finding Of The Ao By Observing As Under:-
Section 10(5)Section 133ASection 201Section 201(1)
TDS, Circle-18(2), Bengaluru, in ITA Nos. 1398-1403/Bang/2016 & ITA
No. 1435 to 1477/Bang/2016, vide order dt. 06/04/2017 held that u/s 10(5) r.w.s. 192
of the Act and Rule 2B of the Rules, the employees of the Bank who had visited foreign countries by availing LTC/LFC concession will not be entitled for exemption of reimbursement
