COMMISSIONER OF INCOME TAX SURAT 1 vs. GUJARAT INDUSTRIAL CO OPERATIVE BANK LTD
What did the High Court hold?
The High Court held that no question of law arises in the present appeals. The Court referred to its own decision in the case of Principal Commissioner of Income-Tax v. Shri Mahila Sewa Sahakari Bank Ltd. reported in [2017] 395 ITR 324 (Guj), which has settled this issue. The Tribunal had followed this precedent. Therefore, the deletion of the addition by the Tribunal was upheld. The operative direction was the dismissal of the Tax Appeals. No issue was expressly left undecided.
What were the facts?
The Revenue is in appeal against the order of the Income Tax Appellate Tribunal (ITAT) dated May 1, 2017. The appeal concerns the assessment year(s) not explicitly stated but implied to be related to the ITAT's order. The dispute revolves around the deletion of an addition of Rs. 70,90,165, representing interest receivable on Non-Performing Assets (NPAs). The Assessing Officer had made this addition, but the ITAT deleted it. The procedural history involves the Assessing Officer's addition, the assessee's appeal to the ITAT, and the Revenue's subsequent appeal to the High Court.
What were the issues?
1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law and on facts in deleting the addition made by the Assessing Officer of interest receivable on NPAs of Rs. 70,90,165, without appreciating that the assessee failed to prove the uncertainty of realization of interest income and the Assessing Officer rightly made the addition of interest receivable of Rs. 70,90,165 on loans/advances which have become NPAs for a period less than three years? (Question of law and mixed fact and law, concerning the taxing of interest on doubtful accounts). Assessee's Contention: Not recorded in the judgment. Revenue's Contention: The Assessing Officer rightly made the addition of interest receivable on NPAs as the assessee failed to prove the uncertainty of realization. The addition was made on loans/advances that had become NPAs for less than three years.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
COMMON ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
Since these Tax Appeals arise in common background, we may take Tax Appeal No.386 of 2018 as the lead matter.
Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated 01.05.2017 raising following question for our consideration: “Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law and on facts in deleting the addition made by the Assessing Officer of Interest receivable on NPAs of Rs.70,90,165/ without appreciating the facts that the assessee failed to prove uncertainty of realization of interest Income and the Assessing Officer C/TAXAP/386/2018 ORDER rightly made addition of interest receivable of Rs.70,90,165/ on the loan/advances which have become NPAs for a period less than three years ?
The issue pertains to taxing of interest on the deposits which have become doubtful. In other words, the Revenue wanted to tax the interest on notional basis when the account itself had become NPA and
therefore under doubtful recovery.
This Court in case of Principal Commissioner of IncomeTax v. Shri Mahila Sewa Sahakari Bank Ltd. reported in [2017] 395 ITR 324 (Guj) has settled this issue which the Tribunal followed.
No question of law arises. Tax Appeals are dismissed. (AKIL KURESHI, J) (B.N. KARIA, J) ANKIT SHAH
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