2019 (7) TMI 990

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....os.1692 to 1695/Bang/2017 relating to Assessment Years 2008-09 to 2011-12. 2. We have heard Sri. Y.V. Raviraj, learned counsel appearing for Revenue and Sri. A. Shankar, learned Senior Counsel appearing on behalf of V. Chandrashekar for Assessee. 3. Assessee is a Regional Rural Bank having more than 451 branches spread over 9 districts of Karnataka. A survey under Section 133A of the Income Tax Act, 1961 (hereinafter referred to as 'Act' for short) was conducted at the premises of Assessee to ascertain whether there has been compliance of Section 194A of the Act relating to credit/payment of interest made in excess of Rs. 10,000/- and it was found that assessee bank had failed to comply with the provisions of the Act and had not deduc....

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.... jurisdiction insofar as order which touches the interest paid by the branches which are situated beyond the jurisdiction of Assessing Officer. However, in the facts and circumstances of the case, Tribunal noticed that Assessing Officer had not given separate amount of the interest credited/paid by each branch of the assessee as well as by the head office. As such, ITAT remitted the matter back to the jurisdictional CIT(A) for adjudication afresh and directed said authority to verify facts including issue of jurisdiction, validity of the orders passed under Sections 201(1) and 201(1A) of the Act by the Assessing Officer. 4. It is pursuant to said directions issued by the ITAT, CIT(A) in ITA Nos.74, 80, 81 and 82/CIT(A)/HBL/2016-17, dated....

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....Insofar as first contention is concerned, Tribunal has examined the same and held that on this issue of restricting the order under Section 201(1) of the Act to only 118 branches (out of 451 branches) was in consonance with the directions issued by the co-ordinate bench of Tribunal in the order passed on ITA Nos.1172 to 1175/Bang/2015 on 25.05.2016 relating to same assessee whereunder the Tribunal had categorically held or opined that Assessing Officer, TDS ward-1, Hubballi would not have jurisdiction other than Head office and branches office if any situated at Hubballi and as such to the extent of orders of Assessing Officer determining TDS by treating bank as assessee in default in respect of branches other than 118 branches were held to....