ITO (TDS), Gurgaon V. The Gurgaon Central Co-op Bank Ltd. Branch Badshahpur, Gurgaon

ITA 4172/DEL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4234 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: misc
• Appeal Filed On: 28-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAUSHLENDRA TIWARI
• Assessee Lawyers: PRASHANT SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G , NEW DELHI BEFORE SH. N. K. SAINI, AM AND SMT. BEENA A. PILLAI , JM ITA NO. 4168 /DEL/201 6 : ASSTT. YEAR : 2013 - 14 INCOME TAX OFFICER (TDS), 5 TH FLOOR, UDYOG VIHAR, PHASE - V, GURGAON VS THE GURGAON CENT RAL CO - OP BANK LTD., BRANCH NAWADA FATEHPUR, P.O. SIKANDERPUR BADHA, GURGAON (APPELLANT) (RESPONDENT) PAN NO. A A ALT0271A ITA NO. 4169/DEL/2016 : ASSTT. YEAR : 2013 - 14 INCOME TAX OFFICER (TDS), 5 TH FLOOR, UDYOG VIHAR, PHASE - V, GURGAON VS THE GURGAON CENTRAL CO - OP BANK LTD., BRANCH JHARSA, VPO JHARSA , GURGAON (APPELLANT) (RESPONDENT) PAN NO. AAALT0271A ITA NO. 4170/DEL/2016 : ASSTT. YEAR : 2013 - 14 INCOME TAX OFFICER (TDS), 5 TH FLOOR, UDYOG VIHAR, PHASE - V, GURGAON VS THE GURGAON CENTRAL CO - OP BANK LTD., BRANCH DUNDAHERA, VILL. DUNDAHERA, GURGAON (APPELLANT) (RESPONDENT) PAN NO. AAALT0271A ITA NO. 4171/DEL/2016 : ASSTT. YEAR : 2013 - 14 INCOME TAX OFFICER (TDS), 5 TH FLOOR, UDYOG VIHAR, PHASE - V, GURGAON VS THE GURGAON CENTRAL CO - OP BANK LTD. , BRANCH WAZIRABAD, VPO WAZIRABAD, GURGAON (APPELLANT) (RESPONDENT) PAN NO. AAALT0271A ITA NO. 4172/DEL/2016 : ASSTT. YEAR : 2013 - 14 INCOME TAX OFFICER (TDS), 5 TH FLOOR, UDYOG VIHAR, PHASE - V, GURGAON VS THE GURGAON CENTRAL CO - OP BANK LTD., BRANCH B ADSHAHPUR, VPO BADSHAHPUR, GURGAON (APPELLANT) (RESPONDENT) PAN NO. AAALT0271A ITA NO S. 4168 TO 4172 /DE L/201 6 GURGAON CENTRAL CO - OP BANK LTD. 2 ASSESSEE BY : SH. PRASHANT SHARMA, CA REVENUE BY : SH. KAUSHLENDRA TIWARI, SR. DR DATE OF HEARING : 02 .01 .201 7 DATE OF PRONOUNCE MENT : 05 .01 .201 8 ORDER PER BENCH : THESE APPEALS BY THE DEPARTMENT IN RESPECT OF EACH ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDER S EACH DATED 31. 05.2016 OF LD. CIT(A) - I , GURGAON . 2. SINCE THE ISSUE S INVOLVED IN A LL THESE APPEALS ARE COMMON AND THE APPEALS WERE HEARD TOGETHER SO THESE ARE BEING DISPOSED OFF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE AND BREVITY. 3 . THE COMMON GROUNDS ARE RAISED IN ALL THESE APPEALS, THE ONLY DIFFERENCE IS THERE IN THE FIGURES INVOLVED. THE GROUNDS RAISED FOR THE ASSESSMENT YEAR 2013 - 14 IN ITA NO. 4168/DEL/2016 ARE REPRODUCED , WHICH READ AS UNDER: THE LD. CIT(A) ERRED IN LAW AND FACTS BY CONSIDERING THE APPELLANT HAS CO - OPERATIVE SOCIETY AND NOT LIABLE TO DEDUCT TDS IN ACCORDANCE TO SECTION 194(3)(V) OF THE 1. T. ACT, 1961. 1. THE LD CIT(A) ERRED IN LAW AND FACTS BY IGNORING THE FACT THE THOUGH APPELLANT IS CO - OP SOCIETY BUT ENGAGED IN THE BUSINESS OF BANKING AND THEREFORE NOT EXEMPT U/S 194(3)(V) AND THUS THE LD. CIT(A ), GURGAON HAS ERRED IN DELETING THE ITA NO S. 4168 TO 4172 /DE L/201 6 GURGAON CENTRAL CO - OP BANK LTD. 3 DEMAND RAISED ON ACCOUNT OF SHORT DEDUCTION OF TDS OF RS. 2044728/ - & INTEREST THEREON OF RS. 603195/ - . 2. THE LD, CIT(A), GURGAON HAS ERRED IN DELETING THE DEMAND RAISED ON ACCOUNT OF SHORT DEDUCTION OF TDS OF RS.550 61/ - & INTEREST THEREON OF RS. 16518/ - WITH RESPECT TO CASES WHERE FROM NO. 15G/ 15H WERE NOT SUBMITTED TO THE COMMISSIONER OF INCOME TAX(TDS), CHANDIGARH ON OR BEFORE 7 TH DAY OF THE WEEK NEXT FOLLOWING THE MONTH IN WHICH DECLARATION IS FURNISHED HIM (SEC. 197A & NOTE 28C). 3. THE APPELLANT CRAVES LEAVE TO ADD, ALTER, AMEND AND /OR, MODIFY ANY OF THE GROUNDS OF APPEAL AT OR BEFORE THE HEARING OF THE APPEAL. 4 . DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE VERY OUTSET STATED THAT THE ISSUE S UNDER CONSIDERATION ARE SQUARELY COVERED IN FAVOUR OF THE ASSESSEE VIDE EARLIER ORDERS DATED 27.09.2017 OF THIS BENCH OF THE TRIBUNAL IN ITA NOS. 6706 & 6708/DEL/2015 IN RESPECT OF THE VARIOUS BRANCHES OF THE ASSESSEE I.E. ITO (TDS), GURGAON VS THE GURGAON CENTRAL CO - OP BANK, VILL. WAZIRABAD, GURGAON ETC . IT WAS FURTHER SUBMITTED THAT THE GROUND RAISED IN THE ABOVE SAID APPEALS WERE IDENTICAL, THE ONLY DIFFERENCE WAS IN THE FIGURES (COPY OF THE SAID ORDER DATED 27.09.2017 WAS FURNISHED WHICH IS P LACED ON RECORD). 5 . IN HIS RIVAL SUBMISSIONS, THE LD. DR SUPPORTED THE ORDER OF THE AO. ITA NO S. 4168 TO 4172 /DE L/201 6 GURGAON CENTRAL CO - OP BANK LTD. 4 6. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. IT IS NOTICED THAT AN IDENTICAL ISSUE HAVING SIMILAR FA CTS WAS A SUBJECT MATTER OF THE VARIOUS BRANCHES OF THE ASSESSEE BANK IN ITA NOS. 6706 & 6708/DEL/2015 FOR THE ASSESSMENT YEAR 2012 - 13 WHEREIN BY FOLLOWING THE EARLIER DECISION OF THE ITAT DELHI BENCH A , NEW DELHI IN ITA NO. 5324/DEL/2013 FOR THE ASSESSM ENT YEAR 2012 - 13 IN THE CASE OF ALMORA URBAN CO - OPERATIVE BANK LTD. VS ITO (TDS), KASHIPUR, THE ISSUE S HAVE BEEN DECIDED IN FAVOUR OF THE ASSESSEE AND THE APPEALS OF THE DEPARTMENT WERE DISMISSED. THE RELEVANT FINDINGS HAVE BEEN GIVEN IN PARA 7 OF THE SAID ORDER DATED 27.09.2017 WHICH READ AS UNDER: 7. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECORDS. APROPOS GROUND NO. 1 RELATING TO ISSUE WHETHER THE PROVISIONS OF SECTION 194A(3)(V) APPLY TO COOPERATIVE SOCIETY INVOLVED IN THE BUSINESS OF BANKING IS CONCERNED, WE FIND THAT THIS ISSUE IS SQUARELY COVERED BY THE DECISION OF THE ITAT, DELHI PASSED IN ITA NO. 5324/DEL/2013 FOR AY 2012 - 13 IN THE CASE OF ALMORA URBAN COOPERATIVE BANK LTD. VS. ITO(TDS), KASHIPUR, WHEREIN IT WAS HELD THAT THE PROVISIONS OF S ECTION GIVE BLANKET EXEMPTION TO THE INTEREST PAID BY ANY COOPERATIVE SOCIETY TO ITS MEMBERS AND THAT NEITHER SECTION 2(19) NOR SECTION 194A(3)(V) CLAIMS ANY DISCRIMINATION BETWEEN THE COOPERATIVE SOCIETIES CARRYING ON BANKING BUSINESS AND OTHER COOPERATIV E SOCIETIES. THEREFORE, THE LD. CIT(A) HAS RIGHTLY FOLLOWED THE AFORESAID DECISION AND DELETED THE DEMAND IN DISPUTE, WHICH DOES NOT NEED ANY INTERFERENCE ON OUR PART, HENCE, WE UPHOLD THE SAME AND REJECT THE GROUND NO. 1 RAISED BY THE REVENUE. ITA NO S. 4168 TO 4172 /DE L/201 6 GURGAON CENTRAL CO - OP BANK LTD. 5 7 . SO, R ESPECTFULLY FOLLOWING THE AFORESAID REFERRED TO ORDER DATED 27.09.2017 IN ITA NOS. 6706 & 6708/DEL/2015 FOR THE ASSESSMENT YEAR 2012 - 13 IN THE CASE OF ITO(TDS), GURGAON VS THE GURGAON CENTRAL CO - OPERATIVE BANK, VILL. WAZIRABAD AND BADASHPUR, GURGAON ETC. , THE ISSUES ARE DECIDED IN FAVOUR OF THE ASSESSEE AND AGAINST THE DEPARTMENT. ACCORDINGLY, WE DO NOT SEE ANY MERIT IN THESE APPEALS OF THE DEPARTMENT. 8 . IN THE RESULT, THE APPEAL S OF THE DEPARTMENT ARE DISMISSED. (ORDER PRONOUNCED IN THE COURT ON 05 /01/ 2018 ) SD/ - SD/ - ( BEENA A. PILLAI ) (N. K. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE D: 05 /01/2018 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT RE GISTRAR