2016 (7) TMI 748 - HC - Income Tax

TDS u/s 194A - whether Co-operative Bank was required to deduct tax while paying interest to its members on time deposits? - Held that - The Ministry of Finance, Government of India vide Circular No.19/2015 in F.No.142/14/2015- TPL, has held that the Co-operative Banks are not required to deduct tax at source on time deposits of its members paid or credited on or before 1.7.2015. In view of the aforesaid circular, this appeal does not survive for consideration and is according ly dismissed. - Decided in favour of assessee

Summary

Issues involved:
1. Whether a Co-operative Bank was required to deduct tax while paying interest to its members on time deposits under Section 194-A of the Income Tax Act.

Analysis:
The appeal by the Revenue raised the issue of whether a Co-operative Bank was obligated to deduct tax while disbursing interest to its members on time deposits as per Section 194-A of the Income Tax Act. The Ministry of Finance, Government of India, through Circular No.19/2015, clarified that Co-operative Banks were not mandated to deduct tax at source on time deposits of members paid or credited on or before 1.7.2015. The circular specifically mentioned that the exemption from tax deduction under section 194A(3)(v) of the Income-tax Act did not apply to interest on time deposits by Co-operative Banks to its members. The circular's effective date was stated as 1st June, 2015, and it emphasized that Co-operative Banks were required to deduct tax from interest payments on time deposits to members on or after the specified date. Consequently, the court, considering the circular's provisions, concluded that the appeal was no longer viable for consideration and dismissed it without imposing any costs.