2003 (7) TMI 49

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....sp; : K. A. ABDUL GAFOOR., J. M. JAMES. JUDGMENT The judgment of the court was delivered by K.A. ABDUL GAFOOR J.-W.A. No. 1788 of 1998: The Income-tax Department has come up with this appeal against the judgment in O.P. No. 17082 of 1997 (Thodupuzha Urban Co-operative Bank Ltd., In re [1999] 238 ITR 630 (Ker). That petition was filed by five co-operative societies, when they were faced with a....

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.... the secretary. Sub-section (3) of section 194A of the Act makes it clear that "the provisions of sub-section (1) shall not apply" in respect of several situations mentioned under that clause. Admittedly, sub-section (1) of section 194A casts the liability on all those institutions other than individuals and Hindu undivided family to deduct income tax at source, when such institutions pay interes....

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....will be covered by sub-section (1), and therefore, will be liable to deduct income-tax. The appellant does not have a case before us that the 4th petitioner, the first respondent herein, does not come within any of the types of co-operative societies made mention of in sub-clause (a) of clause (viia) of sub-section (3) of section 194A of the Act. Therefore, irrespective of whether it is a time de....