THE COMMISSIONER OF INCOME TAX vs. M/S.CATHOLIC SYRIAN BANK LTD.
What did the High Court hold?
The High Court held that the disallowance of Rs. 1,00,000/- made by the Assessing Officer under Section 40(a)(iib) of the Income Tax Act, 1961, was not sustainable. The Tribunal had previously found this disallowance to be unsustainable. The High Court agreed with the Tribunal's finding. The reasoning provided in the judgment is that the disallowance was not in accordance with the law. The ratio decidendi is that disallowances under Section 40(a)(iib) must be made strictly in accordance with the provisions of the Act, and if not, they are liable to be deleted. The operative direction is that the appeal filed by the Revenue is dismissed, upholding the ITAT's order. No issue was expressly left undecided.
What were the facts?
This appeal is filed by the Commissioner of Income Tax, Trichur, against the order dated 11/02/2011 passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in ITA No. 66/2009. The respondent is M/s. Catholic Syrian Bank Ltd. The assessment year(s) are not explicitly stated in the provided text. The appeal challenges the decision of the ITAT, which had previously ruled in favour of the assessee in ITA No. 66/2009. The specific amount in dispute is not mentioned. The procedural history involves the assessee filing an appeal before the ITAT, which then passed the order now under challenge by the Revenue.
What were the issues?
1. Whether the Tribunal was correct in holding that the disallowance of Rs. 1,00,000/- made by the Assessing Officer under Section 40(a)(iib) of the Income Tax Act, 1961, was not sustainable? Assessee's Contention: The assessee argued that the disallowance made by the Assessing Officer under Section 40(a)(iib) was incorrect. The ITAT, in its order, found that the disallowance was not sustainable. The judgment does not record specific arguments made by the assessee before the High Court in this appeal. Revenue's Contention: The Revenue, represented by the Commissioner of Income Tax, contends that the Tribunal erred in its decision. The Revenue likely argued that the disallowance under Section 40(a)(iib) was justified. The judgment does not explicitly detail the Revenue's arguments before the High Court, but the filing of the appeal implies disagreement with the ITAT's finding.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 ITA.No. 135 of 2011() --------------------- AGAINST ORDER DATED 11/02/2011 IN ITA.66/2009 of I.T.A.TRIBUNAL, COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, TRICHUR. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- M/S. CATHOLIC SYRIAN BANK LTD., ST.MARY'S COLLEGE ROAD, TRICHUR-680 020. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ITA NO.135/2011
Appendix — schedule of exhibits
More judgments on Section 40(a)(iib)
- Lifestyle International Private Limited… vs Principal Commissioner of Income Tax – 2…ITA 824/BANG/2026[2021-22]Status: Disposed23 Jul 2026AY 2021-22
- Deputy Commissioner of Income Tax… vs Rajasthan State Road Development and…ITA 1920/JPR/2025[2018-19]Status: Disposed2 Jul 2026AY 2018-19
- Krishi Upaj Mandi Samiti, Narsingpur vs Asst. Commissioner of Incometax, Circle…ITA 149/JAB/2024[2014-15]Status: Disposed6 Mar 2026AY 2014-15
- Krishi Upaj Mandi Samiti, Narsingpur vs Asstt. Commissioner of Income Tax, Circle…ITA 148/JAB/2024[2014-15]Status: Disposed6 Mar 2026AY 2014-15
- Andhra Pradesh Power Generation Corporation… vs Deputy Commissioner of Income Tax, Circle…ITA 197/VIZ/2024[2020-21]Status: Disposed20 Aug 2025AY 2020-21
Recent GST High Court judgments
Search GST case law →- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026
- M/S. Arka Business Solutions vs. Principal Commissioner Of CustomsTelangana · 30 Oct 2026