Subramania Siva v. The ITO, NCW-2(1), Chennai / State Bank of India, Chennai
[Citation -2020-LL-0311-18]

Citation 2020-LL-0311-18
Appellant Name Subramania Siva
Respondent Name The ITO, NCW-2(1), Chennai / State Bank of India, Chennai
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 11/03/2020
Judgment View Judgment
Keyword Tags deduction of tax at source • interest accrued • payment of tax • term deposit • capital gains account scheme
Bot Summary: 1670/2019 praying to issue a Writ of Mandamus to direct the second respondent to submit the details of Deduction of Tax at Source on the amount deposited by the petitioner with the second respondent in Term Deposit capital gain accounts 30234688474, 30234688076 and 30234688780 dated 31.08.2007 for three years from 2008 to 2020 in a prescribed form, Form - 26AS, instead of Form No.16-A to the Income Tax Department, first respondent herein and issue a certificate to the petitioner under Section 203AA of the Income Tax Act, 1961 within stipulated time. 1670/2019 petitioner under Section 203AA of the Income Tax Act, 1961 within stipulated time. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondents. The petitioner has approached this Court and filed the present writ petition with the relief as sated supra. As the Bank has given the Manual Form 16A to the petitioner, he can approach the 1st respondent by making appropriate application by enclosing Form 16A for the purpose of considering the claim of the petitioner. In view of the above stated submissions made by the learned counsel for the 1st respondent, this Writ Petition is disposed of by directing the petitioner to approach the 1st respondent by making application with necessary enclosures. Connected miscellaneous petition is closed.


W.P.No.1670/2019 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.03.2020 CORAM HONOURABLE MR. JUSTICE K. RAVICHANDRABAABU W.P.No.1670 of 2019 and W.M.P.No.1870 of 2019 Subramania Siva rep. by his Power agent and father, S. Palanivel Swaminathan, Flat No.2C, Toll Trees, 82-A, Avvai Nagar, L.B.Road, Thiruvanmiyur, Chennai - 635803. Petitioner vs 1. Income Tax Officer, Non-Corporate Ward 2(1) Nungambakkam, Chennai - 600034. 2. State Bank of India, Besant Nagar Branch rep. by its Branch Manager, E-33, 2nd Avenue, Besant Nagar, Chennai - 600090. Respondents Writ Petition filed under Article 226 of Constitution of India http://www.judis.nic.in1/6 W.P.No.1670/2019 praying to issue Writ of Mandamus to direct second respondent to submit details of Deduction of Tax at Source on amount deposited by petitioner with second respondent in Term Deposit capital gain accounts 30234688474, 30234688076 and 30234688780 dated 31.08.2007 for three years from 2008 to 2020 in prescribed form, Form - 26AS, instead of Form No.16-A to Income Tax Department, first respondent herein and issue certificate to petitioner under Section 203AA of Income Tax Act, 1961 within stipulated time. For Petitioner : Mr.P.Thiagarajan For Respondents : Mrs.Hema Murali Krishnan, Standing Counsel (IT) for R1 Mr. C. Mohan for R2 ORDER petitioner seeks for Mandamus to direct second respondent to submit details of Deduction of Tax at Source on amount deposited by petitioner with second respondent in Term Deposit capital gain accounts 30234688474, 30234688076 and 30234688780 dated 31.08.2007 for three years from 2008 to 2020 in prescribed form, Form - 26AS, instead of Form No.16-A to Income Tax Department, first respondent herein and issue certificate to http://www.judis.nic.in2/6 W.P.No.1670/2019 petitioner under Section 203AA of Income Tax Act, 1961 within stipulated time. 2. Heard learned counsel for petitioner and learned Standing counsel appearing for respondents. 3. It is seen that petitioner has made some term deposits with 2nd respondent Bank under Capital Gain Account Nos. 30234688474, 30234688076 and 30234688780 for three years from 2008 to 2020. It is stated that after expiry of term, petitioner has withdrawn deposit, however, for interest accrued out of such deposit, petitioner has to pay income tax and that same was deducted by Bank. It is stated that 2nd respondent Bank, instead of generating form 26A, issued Manual Form 16A to petitioner as TDS towards tax paid for interest amount. Since Form 26A was not generated by Bank, records before 1st respondent do not reflect payment of tax for interest amount. Under such circumstances, petitioner has approached this Court and filed present writ petition with relief as sated supra. 4. Mrs.Hema Murali Krishnan, learned senior standing counsel for 1st respondent, based on instruction, submitted that though it is true http://www.judis.nic.in3/6 W.P.No.1670/2019 that Bank has deducted tax from petitioner's account and paid to Income Tax Department, Bank did not generate Form 26A and therefore, such payment has not reflected in records maintained by 1st respondent. However, as Bank has given Manual Form 16A to petitioner, he can approach 1st respondent by making appropriate application by enclosing Form 16A for purpose of considering claim of petitioner. She further submitted that if petitioner approaches 1st respondent with above required application and enclosures, 1st respondent will consider same and pass appropriate orders. 5. In view of above stated submissions made by learned counsel for 1st respondent, this Writ Petition is disposed of by directing petitioner to approach 1st respondent by making application with necessary enclosures. On receipt of such application, 1st respondent shall pass orders within period of four weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed. 11.03.2020 Speaking/Non-speaking order Index: Yes/No http://www.judis.nic.in4/6 W.P.No.1670/2019 Internet : Yes/No vsi To 1. Income Tax Officer, Non-Corporate Ward 2(1) Nungambakkam, Chennai - 600034. 2. Branch Manager, State Bank of India, Besant Nagar Branch, E-33, 2nd Avenue, Besant Nagar, Chennai - 600090. http://www.judis.nic.in5/6 W.P.No.1670/2019 K.RAVICHANDRABAABU,J. vsi W.P.No.1670 of 2019 11.03.2020 http://www.judis.nic.in6/6 Subramania Siva v. ITO, NCW-2(1), Chennai / State Bank of India, Chennai
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