THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED V. THE ASSISTANTCOMMISSIONER,OF INCOME TAX,

ITA/571/2015

AI Insights

The case involves multiple appeals filed by the Karnataka State Co-operative Apex Bank Limited against the Assistant Commissioner of Income Tax, concerning the assessment year 2011-2012. The appeals were based on the cross objections filed by the bank against the orders of the Income Tax Appellate Tribunal, Bengaluru. The main legal contention revolved around the substantial questions of law related to the deductibility of certain amounts as TDS (Tax Deducted at Source). The High Court of Karnataka, referencing a similar case (I.T.A.No.494/2015), decided not to press further on these appeals, granting the appellants the liberty to revive their appeals depending on the outcome of the revenue's appeal to the Apex Court.

• Counselvise Citation: [2016] 140 COUNSELVISE.COM (IT) 700469 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 21-07-2016
• Assessment Year: misc
• Other Referred Cases: I.T.A.No.597/2015, I.T.A.No.494/2015
• Laws Referred To: Income Tax Act 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: A SHANKAR; M LAVA
• Keywords: Assessment Year; Cross objection; Income Tax; Substantial question of law
• Section: 260-A

Judgement Text

" 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2016 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA ITA NO.571/2015 C/W ITA Nos.572,573,574,575,576,577,578,579,580, 581,582,583,584,585/2015 IN ITA NO.571/2015 BETWEEN: THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, MAGADI ROAD BRANCH, REP. BY SRI. RANGASWAMY K. K, THE BRANCH MANAGER, NO.70, 11TH CROSS, MAGADI ROAD, BANGALORE - 560 023. ... APPELLANT (By SRI. A. SHANKAR & SRI. M. LAVA, ADVS.) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-16(2), NO.59, 4TH FLOOR, 2 HMT BHAVAN, BELLARY ROAD, BENGALURU - 560 032. ... RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30/04/2015 PASSED IN C.O. NO.48(B)/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1408(B)/2014, FOR THE ASSESSMENT YEAR 2011-2012. PRAYING THIS HON'BLE COURT TO 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 48(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1408(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-2012. IN ITA NO.572/2015 BETWEEN: THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, SHIVAJINAGAR BRANCH, REP. BY KUM. CHANDRIKA N, THE BRANCH MANAGER, NO.26/3, BOWRING HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE-560 001. … APPELLANT (By SRI. A. SHANKAR & SRI. M. LAVA, ADVS.) 3 AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-16(2), NO.59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU - 560 032. ... RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30/04/2015 PASSED IN C.O.NO. 49(B)/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1409(B)/2014, FOR THE ASSESSMENT YEAR 2011-2012. PRAYING THIS HON'BLE COURT TO 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 49(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1409(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-2012. IN ITA NO.573/2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, GANGANAGAR BRANCH, REP. BY SRI. NAGARAJ N, THE BRANCH MANAGER, 4 NO. 18/2, 5TH MAIN ROAD, GANGENAHALLI LAYOUT, BANGALORE – 560 032. ... APPELLANT (By SRI. A. SHANKAR & SRI. M. LAVA, ADVS.) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-16(2), NO.59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU - 560 032. ... RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30/04/2015 PASSED IN C.O.NO. 50(B)/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1410(B)/BANG/2014, FOR THE ASSESSMENT YEAR 2011-2012. PRAYING THIS HON'BLE COURT TO A) TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. B) TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 50(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1410(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-12. 5 IN ITA NO.574/2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, KENGERI SATELLITE TOWN BRANCH, REP. BY SRI. B. S. BADAGI, THE BRANCH MANAGER, NO.867, 1ST MAIN, 6TH CROSS, KENGERI SATELLITE TOWN, BANGALORE-560 060. ... APPELLANT (By SRI. A. SHANKAR & SRI. M. LAVA, ADVS.) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-16(2), NO.59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU - 560 032. ... RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:30/04/2015 PASSED IN C.O. NO.51/BANG/2015 BEING CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1411(B)/2014 OF THE APPEAL, FOR THE ASSESSMENT YEAR 2011-12. PRAYING THIS HON'BLE COURT TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 51(B)/2015 DATED:30/04/2015 BEING THE 6 CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1411(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-2011, ASSESSMENT YEAR 2011-2012. IN ITA NO.575/2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, BASAVESHWAR NAGAR BRANCH, REP. BY SRI.KRISHNA MURTHY N. S., THE BRANCH MANAGER, NO.1, 1ST MAIN, 3RD STAGE, BASAWESWARNAGAR, BANGALORE - 560 079. ... APPELLANT (By SRI. A. SHANKAR & SRI. M. LAVA, ADVS.) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-16(2), NO.59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU - 560 032. ... RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30/04/2015 PASSED IN C.O.NO.52(B)/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1415(B)/2014, FOR THE ASSESSMENT YEAR 2011-2012. 7 PRAYING THIS HON'BLE COURT TO 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 52(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1415(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-2012. IN ITA NO.576/2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, LAKKASANDRA EXTENSION BRANCH, REP. BY SRI. KRISHNAPPA B.M., THE BRANCH MANAGER, NO.259/1, 13TH CROSS, WILSON GARDEN, HOSUR MAIN ROAD, BANGALORE - 560 027. ... APPELLANT (By SRI. A. SHANKAR & SRI. M. LAVA, ADVS.) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-16(2), NO.59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU - 560 032. ... RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) 8 THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30/04/2015 PASSED IN C.O.NO. 53(B)2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO.1416(B)/2014, FOR THE ASSESSMENT YEAR 2011-2012. PRAYING THIS HON'BLE COURT TO I. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. II. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 53(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1416(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-2012. IN ITA NO.577 OF 2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED KORAMANGALA BRANCH REP. BY SRI. M.S. GOROVAR, THE BRANCH MANAGER NO. 28/A, 2ND BLOCK, KORAMANAGALA BANGALORE-560095 ... APPELLANT (BY SRI. A SHANKAR & SRI. M LAVA, ADVS.,) AND THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-16(2), # 59, 4TH FLOOR, 9 HMT BHAVAN, BELLARY ROAD, BENGALURU-560032 ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:30/04/2015 PASSED IN C.O.NO. 54(B)/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1417(B)/2014, FOR THE ASSESSMENT YEAR 2010- 2011, PRAYING THIS HON'BLE COURT TO: I. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN CO NO. 54(B)/2015 DATED: 30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1417(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-12. IN ITA NO 578 OF 2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED VYALIKAVAL BRANCH, REP. BY SRI. THIMME GOWDA G THE BRANCH MANAGER NO. 29, ANUGRAHA COMPLEX 12TH CROSS, SUDHEENDRANAGAR MALLESHWARAM, GUTTAHALLI MAIN ROAD BANGALORE-560003 ... APPELLANT (BY SRI. A SHANKAR & SRI. M LAVA, ADVS., ) 10 AND THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-16(2), # 59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU-560032. ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:30/04/2015 PASSED IN C.O.NO. 55(B)/2015 BEING CROSS OBJECTION FILED BY THE APPELLATE IN ITA NO.1418(B)/2014, FOR THE ASSESSMENT YEAR 2011-12, PRAYING THIS HON'BLE COURT TO: 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPEALANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 55(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1418(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-12. IN ITA NO 579 OF 2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED R T NAGAR BRANCH REP. BY SRI. H M KHARVI, THE BRANCH MANAGER NO.19/4 & 3, DINNUR MAIN ROAD, R T NAGAR, BANGALORE-560032 ... APPELLANT (BY SRI. A SHANKAR & SRI. M LAVA, ADVS.,) 11 AND THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-16(2), # 59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU-560032 ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:30/04/2015 PASSED IN C.O.NO.56(B)/2015 BEING CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1419(B)/2015, FOR THE ASSESSMENT YEAR 2011-2012, PRAYING THIS HON'BLE COURT TO: A) TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. B) TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN C.O.NO. 56(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1419(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-12. IN ITA NO 580 OF 2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, ASHOKA PILLAR BRANCH REP. BY SRI. R V HEGDE, THE BRANCH MANAGER NO. 1/7, 1ST BLOCK, JAYANAGAR, BANGALORE-560050 ... APPELLANT (BY SRI. A SHANKAR & SRI. M LAVA, ADVS.,) 12 AND THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-16(2), # 59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU-560032 ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:30/04/2015 PASSED IN C.O.NO.57/BANG/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1421(B)/2014 OF THE APPEAL, FOR THE ASSESSMENT YEAR 2011-2012, PRAYING THIS HON'BLE COURT TO: 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 57(B)/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1421(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-2011, ASSESSMENT YEAR 2011-2012. IN ITA NO 581 OF 2015 BETWEEN THE KARNATAKA STATE CO-OPEARTIVE APEX BANK LIMITED INDIRANAGAR BRANCH REP. BY SMT. J M SAHANA, THE BRANCH MANAGER NO.310, 100 FT. ROAD, INDIRANAGAR 1ST STAGE BANGALORE-560 038 ... APPELLANT (BY SRI. A SHANKAR & SRI. M LAVA, ADVS.,) 13 AND THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-16(2) NO.59,4TH FLOOR HMT BHAVAN, BELLARY ROAD BENGALURU-560 032 ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:30/04/2015 PASSED IN C.O.NO. 58(B)/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO.1422(B)/2014, FOR THE ASSESSMENT YEAR 2011- 2012, PRAYING THIS HON'BLE COURT TO: 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 58(B)/2015 DATED: 30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1422(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-2012. IN ITA NO 582 OF 2015 BETWEEN THE KARNATAKA STATE CO-OPEARTIVE APEX BANK LIMITED JAYANAGAR 9TH BLOCK BRANCH REP. BY SMT. N L KUMUDINI, THE BRANCH MANAGER NO.487/109, EAST END ROAD JAYANAGAR 9TH BLOCK, BANGALORE-560 069 ... APPELLANT (BY SRI. A SHANKAR & SRI. M LAVA, ADVS.,) 14 AND THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-16(2) NO.59,4TH FLOOR HMT BHAVAN, BELLARY ROAD BENGALURU-560 032 ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:30/04/2015 PASSED IN C.O NO.59/BANG/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1424(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-12, PRAYING THIS HON'BLE COURT TO 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN C.O.NO. 59(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1424(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-2012. IN ITA NO 583 OF 2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, GIRINAGAR BRANCH, REP. BY SRI.E.RAMAKRISHNA 15 THE BRANCH MANAGER, NO.404, 80 FT ROAD, GIRINAGAR, BANGALORE-560 085. ... APPELLANT (BY SRI. A SHANKAR & SRI. M LAVA, ADVS.,) AND THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -16(2), #59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU-560 032. ... RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:30/04/2015 PASSED IN C.O.NO.60(B)/BANG/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1425(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-2012, PRAYING THIS HON'BLE COURT TO: 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSER THE SAME IN FAVOR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO.60(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1425(B)/2014 OF THE 16 APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-2012. IN ITA NO.584/2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, VIJAYANAGAR BRANCH, REP. BY SRI. PRABHU GOWDA N. PATIL, THE BRANCH MANAGER, AC-17, 1ST MAIN, VIJAYANAGAR, BANGALORE - 560 040. ... APPELLANT (By SRI. A. SHANKAR & SRI. M. LAVA, ADVS.) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-16(2), NO.59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU - 560 032. ... RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30/04/2015 PASSED IN C.O.NO. 61(B)/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1426(B)/2014, FOR THE ASSESSMENT YEAR 2011-2012. PRAYING THIS HON'BLE COURT TO 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS 17 STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 61(B)/2015 DATED:30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1426(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-12. IN ITA NO.585/2015 BETWEEN THE KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, HSR AGARA BRANCH, REP. BY SRI.V.V. VIJAYAKUMAR, THE BRANCH MANAGER, NO.259, RING ROAD, HSR LAYOUT, AGARA VILLAGE, BANGALORE - 560 034. ... APPELLANT (By SRI. A. SHANKAR & SRI. M. LAVA, ADVS.) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-16(2), NO.59, 4TH FLOOR, HMT BHAVAN, BELLARY ROAD, BENGALURU - 560 032. ... RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) 18 THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30/04/2015 PASSED IN C.O. NO. 62(B)/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO.1427(B)/2014, FOR THE ASSESSMENT YEAR 2011-2012. PRAYING THIS HON'BLE COURT TO 1. TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOR OF THE APPELLANT. 2. TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE ITAT, BENGALURU IN C.O.NO. 62(B)/2015 DATED: 30/04/2015 BEING THE CROSS OBJECTION FILED BY THE APPELLANT IN ITA NO. 1427(B)/2014 OF THE APPEAL OF THE REVENUE RELATING TO FINANCIAL YEAR 2010-11, ASSESSMENT YEAR 2011-12. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JAYANT PATEL J., PASSED THE FOLLOWING: O R D E R Learned counsel appearing for the appellants Sri. A. Shankar, states that these matters similarly situated with I.T.A.No.597/2015 which has been disposed of by this Court vide order 14.07.2016 by granting permission 19 as recorded in the order and he proposes to make the same prayer. 2. He states that the revenue had preferred appeal against the very order of the Tribunal being I.T.A.No.494/2015 and allied matters and those appeals which are preferred by the revenue are also dismissed on 27.06.2016. 3. In view of the above, Sri. A. Shankar, learned counsel for the appellants is not pressing these appeals in view of the order dated 27.06.2016 passed by this Court in ITA No.494/2015 and allied matters whereby the appeals of the revenue are dismissed but with the liberty to revive the present appeals in the event the revenue carries the matter before the Apex Court and the Apex Court takes the view that the amount is deductible as TDS. . 20 4. Permission is granted. The appeals shall stand disposed of accordingly. SD/- JUDGE SD/- JUDGE PMR/- "