IN THE INCOME-TAX APPELLATE TRIBUNAL, MUMBAI ‘C’ BENCH BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER &

SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER ITA Nos. 6035 to 6042/M/2025 (AY: 2016-17) &

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

ITA Nos. 6385 to 6442/M/2025 (AYs: 2017-18, 2018-19 & 2019-20)

O R D E R

PER BENCH:

These 66 appeals filed by the assessee emanate from the orders passed under section 250 of the Income-tax Act, 1961 (in short, ‘Act’) by the Addl./JCIT (A) – 10, Delhi, Office of the Commissioner of Income-tax (Appeals), dated 05.09.2025 [in short, ‘CIT(A)’] for the assessment years (AYs) 2016-17, 2017-18, 2018-19 and 2019-20. Since the issues in these appeal are similar except variance in amounts, therefore, with consent of both parties, these appeals were heard together and are disposed of by this common order for the sake of convenience and brevity. ITA No.6038/M/2025 for AY 2016-17 is taken as ‘lead’ case.

2. The grounds of appeal in ITA No.6038/M/2025 are as under: “ON THE FACTS AND THE CIRCUMSTANCES OF THE CASE, THE LD. ADDL.

JCIT(A)-10 DELHI ERRED IN: -

1. confirming the TDS u/s. 201(1) of Rs.4,38,903 & interest u/s. 201(1A) of Rs.3,73,066, aggregating to Rs.8,11,969 u/s. 201(1)/(1A) of I.T. Act, 1961, on the ground that the Appellant had failed to deduct the tax at source u/s. 194A on the interest of Rs.44,07,683 paid by the Appellant to other Co-operative societies (not being members of the Appellant) and one trust.

2. not deciding on the second ground of appeal that in respect of interest payment of Rs.1,61,537 to a trust (included in Rs.44,07,683), the said trust had offered the said interest for taxation in their hands by including the same in the Income Tax Return filed and hence, there was no default in respect of TDS in terms of first proviso to S. 201(1). And hence, TDS u/s. 201(1) of Rs.14,288 & interest u/s 201(1A) of Rs.12,144 was not payable. Further the Appellant had also paid interest u/s 201(1A) of Rs.1,143 on the same.

3. not appreciating the fact that-

(a) the Appellant is a Co-operative society duly registered under the Multi State Co.operative Societies Act, 1984 and carried on the business of banking in terms of license granted by the Reserve Bank of India. Hence, even though the Appellant was a Co-operative bank, it was a Co-operative society first as defined u/s 2(19)

of I.T. Act, 1961 but carrying on the business of banking.

(b) the Appellant was a Co-operative society as defined u/s. 2(19) of I.T. Act, 1961 and hence, the Appellant was exempt from deducting the tax at source on the interest paid by the Appellant to any other Co-operative society (not being members of the Appellant) u/s. 194A (3)(v)/ (viia)(b) of I. T. Act, 1961.

(c) interest on time deposits of Rs.42,46,146 was paid by the Appellant to other Co-operative societies (not being members of the Appellant) and hence, no tax was required to be deducted at source on the same u/s. 194A(3)(v) (viia)(b) of the I.T. Act, 1961.

(d) the exemption u/s. 194A(3)(v) was in 2 parts 1st part related to income credited by a Co-operative society (other than a Co-operative bank) to a member thereof and the 2nd part related to income credited by a Co-operative society to any other Co-operative society & the Appellant was covered by the 2nd part of the exemption.

(e) proviso to Sec 194A(3) making Co-operative society cove