VidhiSangh

Supreme Court of India · 02/07/2018

COMMISSIONER OF INCOME TAX(TDS) KANPUR AND ANR. versus CANARA BANK

[2018] 7 S.C.R. 866 · 2018 INSC 563

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Summary

The Supreme Court upheld the banks’ exemption from deducting tax at source on interest paid to NOIDA under the 22 October 1970 notification issued under Section 194A(3)(iii)(f). NOIDA was a statutory corporation established by the U.P. Industrial Area Development Act, 1976, notwithstanding its constitution through a government notification. This withholding exemption was distinct from NOIDA’s claim to local-authority income-tax exemption.

Issues

  1. Whether NOIDA was a corporation established by a State Act within the 1970 notification exempting specified interest payments from TDS.
  2. Whether constitution through a notification under the 1976 Act excluded it from that description.

Provisions considered

Held

Result

All Revenue appeals dismissed; High Court judgment sustaining the banks’ exemption from TDS on the relevant interest payments to NOIDA upheld.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 866.