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TMI Blog2018 (7) TMI 1473X X X X Extracts X X X X X X X X Extracts X X X X ..... which are as under:- "The Ld. CIT(A) erred in law and facts by considering the appellant has cooperative society and not liable to deduct TDS in accordance to section 194 (3) (v) of the I.T. Act, 1961. 1. The Ld. CIT(A) erred in law and facts by ignoring the fact that 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 demand raised on account of short deduction of TDS of Rs. 2,23,101/- & interest thereon of Rs. 56,891/-. 2. The Ld. CIT(A), Gurgaon has erred in deleting the demand raised on account of short deduction of TDS of Rs. 29,630/- & interest thereon of Rs. 7,408/- with respect to cases where Form No. 15G/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enses and fixed the case for hearing on 23/7/2014. In response to this notice deductor did not file any reply/submission. Therefore, fresh notice dated 24/7/2014 was issued. In response to the said notice Chartered Accountant of the assessee attended the proceedings and filed information/details related to interest payments. From this information, it was found that the assessee bank paid total interest of Rs. 66,43,281/- during the Financial Year 2012-13. It was further noticed that interest of Rs. 22,31,011/- was shown paid to Primary Agricultural Society where upon no TDS was made. The Assessing Officer passed order u/s 201(1) and 201(1A) of the Act thereby making demand of Rs. 3,17,030/- for Assessment Year 2013-14. 4. Being aggrieved b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven a detailed finding and rightly allowed the appeal of the assessee. Therefore, the Ld. AR submitted that the appeals filed by the Revenue may be dismissed. 7. We have heard both the parties and perused the material available on record. All these appeals have common issue which is relating to provisions of Section 194A(3)(v) which applies to Co-operative Society. The ITAT in assessee's own case held 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/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d CIT of the Income Tax Department. The AO has not controverted this claim of the assessee but has rejected the same on the ground that the forms were not sent to the concerned CIT. We further note that assessee had contended that being a cooperative bank working basically in rural areas, it had no idea about CIT having jurisdiction over TDS matters. In view of the above, it is evident that the assessee had received Form 15G/15H from all the persons to whom the interest was paid and the assessee had also sent these Forms to the Income Tax Department. Not sending these Forms Specifically to CIT, TDS is a mere technical breach. Therefore, the Ld. CIT(A) has rightly held that assessee was not required to deduct TDS on interest so paid, hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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