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State Bank of India Versus Commissioner of Income Tax (TDS) & Others

2015 (9) TMI 750 - UTTARAKHAND HIGH COURT

TDS on interest u/s 194A - whether cannot be pressed in service against the State Bank of India - refund seeked with interest - Held that:- Once I.T.A.T. has opined that Section 194A(i) of the Income Tax Act is not applicable against the Bank on SRF deposit, then the same legal position would be applicable in the subsequent assessment years as well, unless of course, Section 194A(i) is amended or is substituted by any new law. Therefore, submission of Mr. Bishwajit Bhattacharya, learned Senior C .....

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nd if it is found that vide order dated 03.03.2015 amount of ₹ 97,85,37,937/- has been deleted against the assessee, amount of ₹ 44,36,57,686/- shall be refunded to the petitioner Bank along with interest as provided under Section 240 read with Section 244 of the Income Tax Act.

It is, however, clarified that unless and until order passed by the Income Tax Appellate Tribunal has been stayed or set aside by the higher Forum, refund shall not be denied to the petitioner. - W .....

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erved that Section 149A(i) of the Income Tax Act, 1961 cannot be pressed in service against the State Bank of India. Mr. Bishwajit Bhattacharya, learned Senior Counsel appearing for the Bank, submits that judgment dated 18.07.2014 passed by the I.T.A.T., Delhi has not been stayed or set aside by the higher Forum and this judgment stands good as on day. He further contends that petitioner-Bank has moved several applications before the Income Tax Authorities for refund of amount of ₹ 44,36,5 .....

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Dehradun, amount of ₹ 97,85,38,937/- was directed to be deleted against the assessee/Bank, therefore, as on day no amount of ₹ 97,85,38,937/- is outstanding against the petitioner Bank, therefore, there is no question of adjustment or set off. Mr. Hari Mohan Bhatia, learned counsel appearing for the Revenue, on the other hand, contended that he is not aware of the judgment passed on 03.03.2015. He further contends that if vide judgment dated 03.03.2015 amount of ₹ 97,85,38,937/ .....

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