IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos. 2571 to 2590/MUM/2025 Assessment Year: 2016-17 Abhyudaya Co-operative Income Tax Officer (TDS)

Bank Ltd. Ward 1(1)(1), Mumbai.

Shraddha Shopping Centre, Room No. 413, 4th Floor, Vs.

Old Nagardas Road, Andheri Cumballa Hill, MTNL Tele (East), Mumbai 400069. Building, Peddar Road, Cumballa Hill, Mumbai 400026. (PAN: AAAAA0300L)

(Appellant) (Respondent)

Present for:

Assessee : Shri Sharad A. Vaze, CA Revenue : Shri. Aditya M. Rai, Sr. DR Date of Hearing : 23.06.2025 Date of Pronouncement : 26.06.2025 O R D E R PER BENCH:

All these captioned 20 appeals filed by the assessee are against the common order of Ld. CIT(A) vide order no. ITBA/APL/S/250/2024- 25/1074957920(1) dated 24.03.2025, passed against the respective orders by Income Tax Officer, TDS Ward 1(1)(1), Mumbai for proceedings u/s 201(1)/(1A) of the Income-tax Act, 1961 (hereinafter referred to as the Act), dated 28.12.2022 / 29.12.2022, for Assessment Year 2016-17.

1.1. TANs of all the 20 appeals are noted as under:

MUMA00968C, MUMA06838G, MUMA06841C, MUMA20090A, MUMA20091B, MUMA20092C, MUMA20094E, MUMA22310B, MUMA22312D, MUMA45113F, MUMA06826B, MUMA06836E, MUMA12372D, MUMA20082G, MUMA21853G, MUMA37709A, MUMA38477F, MUMA39732A, MUMA43528C, MUMA45138C 2. Grounds taken by the assessee are identical in each of the appeal except for variation in the amount of demand raised. Accordingly, for the sake of brevity, grounds of appeal raised by the assessee in of the appeals in ITA No. 2571/Mum/2025 are reproduced as under:

“1. In the facts and circumstances of the case, the lower authorities have erred in law as well as in fact treating assessee in default in respect alleged non- deduction of tax from interest paid to co-operative societies u/s. 194A of the Income Tax Act 1961.

2. Without prejudice to Ground No 1 above, the lower authorities have erred in law as well as in fact that interest received by co-operative societies is deductible u/s. 80P of the Act. Therefore, the requirement of TDS u/s. 194A is redundant hence TDS applicability u/s. 194A is infructuous.

3. The appellant craves leave to add, alter, omit or substitute any of the grounds at the time of hearing of the appeal.”

3. Common issue is involved in all these 20 appeals which are identical in nature expect for various in the quantum of tax liability imposed on the assessee by holding the assessee as ‘assessee in default’ for non-deduction of tax at source from payment of interest to various co-operative societies as per Section 194A of the Act. Since the issue involved is common, we take up all these appeals together for adjudication to pass a consolidated order. As a lead case, we take up appeal in ITA No.2571/Mum/2025 to draw the basic facts so as to address the issue raised before us. Our observations and findings in this appeal shall apply mutatis mutandis to all the other 19 appeals.

4. Brief facts of the case are that assessee is a co-operative society registered under the Multistate Co-operative Societies Act, 2002 carrying on the business of banking. Assessee holds license from Reserve Bank of India (RBI) required for carrying banking business. The status of the assessee is a co-operative society which is assessed as ‘Association of Persons’ (AoP). Different branches of the assessee had received show cause notices u/s.201(1)/201(1A), requiring the assessee to show cause as to why the assessee should not be treated as ‘assessee in default’ in respect of payment of interest made without deduction of tax at source or at lower rate of deduction. Assessee made its detailed submissions explaining the facts and applicable law, but were not accepted by the Ld. AO, holding the assessee as assessee in default and raising demand for the non-deduction/ lower rate of deduction of tax at source as well as towards interest u/s.201(1)/(1A). Thus, the sole issue involved is in respect of Ld.