9911796707
TMI Blog2016 (4) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... short 'the Act') for the Assessment Years 2012-13 and 2013-14 respectively. 2. The assessee is a co-operative society and engaged in the banking services. There was a survey under Section 133A at the business premises of the assessee on 13.11.2013. During the course of survey, the Assessing Officer noticed that the assessee has deducted tax at source from the interest paid to non-members but has failed to deduct the tax at source from the interest paid to its own members and to the co-operative societies without obtaining declaration in Form No.15G/15H from them. Accordingly, the Assessing Officer determined that the assessee was liable for default in deducting tax at source as well as interest therefrom. Accordingly, the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014 in the case of Bagalkot Central District Co-operative Society (supra) wherein the Bench has held that co-operative society carrying on banking business need not to deduct tax at source under Section 194A in respect of the interest paid to members on deposits by virtue of exemption granted vide clause (v) of the sub-section (3) of the said section. The learned Authorised Representative of the assessee has pointed out that in the subsequent decision dt.20.3.2015, this Tribunal in the case of ITO Vs. Hubli Urban Co-operative Bank Ltd. in ITA Nos.1191 to 1194/Bang/2014 has again reiterated the same view by following the decision in the case of The Bagalkot District Central Co-operative Bank (supra). We note that in the case of Hubli Urban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yee Rs. 10,000 or less 1 94A(3)(i)(b) Any Amount/Any type of interest paid by a Co-op Society 194A(3)(v) Interest on deposits other than timedeposits 194A(3)(viia)(b) Interest on time deposit 194A (3)(v) Member Exempt Exempt Exempt Exempt Non- Member Exempt TDS to be made Exempt TDS to be made According to him the above chart would clearly show that when a cooperative society is paying interest to its members, it need not deduct tax at source. It was his submission that the Assessee is a co-operative society registered under the Mysore Co-operative Societies Act vide the certificate issued by the Registrar of Co-operative Societies. 13. With regard to the reliance placed by the learned Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ative bank shall receive interest on both time deposits and deposits other than time deposits where such co-operative bank without TDS under Section 194A by virtue of exemption granted vide clause (v) of sub-section (3) of the said section. The provisions of clause (viia) of the said sub-section are applicable only in case of a non-member depositor of the cooperative bank, who shall receive interest only on deposits other than time deposits made on or after July 1, 1995 without TDS under section 194A". It was also submitted by him that the learned Assessing Officer has stated that the Circular was struck down in Jalgaon District Central Cop-operative Bank Ltd Vs Union of India (265)ITR 423. According to him the observations of the AO in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, we have already noticed the argument of the learned counsel for the Assessee that these two provisions operate in different field. We may clarify here that the said argument of the learned counsel for the Assessee is a clear answer to the above argument of the learned DR. The learned DR also filed written submission before us, in which the stand of the revenue, as reflected in the orders of the lower authorities, has been reiterated." In view of the above facts and circumstances of the case and by following the decisions of the co-ordinate benches of this Tribunal, we do not find any error or illegality in the orders of the CIT (Appeals). Accordingly, we uphold the impugned orders of the CIT (Appeals). 4. In the result, the appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
