ITO v. Mayurbhanj Central Cooperative Bank Ltd. (2024) 230 TTJ 655 / 240 DTR 17 / 38 NYPTTJ 807 (Cuttack)(Trib)

S. 40(a)(ia): Amounts not deductible-Deduction at source-interest paid on the deposits-Co-operative bank-Finance Act, 2015 w.e.f. 1st June, 2015-Amendment is applicable prospectively w.e.f. 1st June, 2015 and not applicable for the relevant years-Deletion of disallowance is affirmed.[S.194A(3)(v)]

Held that the amendment of S. 194A(3)(v) made by the Finance Act, 2015, whereby exemption from deduction of TDS has been withdrawn in the case of co-operative banks is applicable prospectively w.e.f. 1st June, 2015 and, therefore, interest paid by the assessee-bank on time deposits without deduction of TDS prior to said date could not be disallowed under s. 40(a)(ia). Order of CIT(A) is affirmed.(AY.2014-15, 2015-16, 2017-18)

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