PR. COMMISSIONER OF INCOME TAX-7 vs. M/S PNB HOUSING FINANCE LTD.
What did the High Court hold?
The High Court noted that both the CIT(A) and the Tribunal had deleted the disallowance. The revenue's counsel conceded that a coordinate bench had already decided the issue in favor of the assessee.
What were the facts?
The Assessing Officer disallowed a deduction claimed under Section 36(1)(viii) of the Income Tax Act. The dispute centered on how this deduction should be calculated, specifically the denominator to be used.
What were the issues?
The primary issue was the correct method of calculating the deduction under Section 36(1)(viii) of the Income Tax Act, 1961.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cited by 4 judgments on BharatTax
See all citing judgments →Counted from the text of the judgments hosted here. Most recent first.
- D.C.I.T Cir - 10(1), Kolkata v. M/S Eureka Forbs Ltd, KolkataKolkata · 2026-01-12
- D.C.I.T Cir - 10(1), Kolkata v. M/S Eureka Forbs Ltd, KolkataKolkata · 2026-01-12
- D.C.I.T Cir - 10(1), Kolkata v. M/S Eureka Forbs Ltd, KolkataKolkata · 2026-01-12
- D.C.I.T Cir - 10(1), Kolkata v. M/S Eureka Forbs Ltd, KolkataKolkata · 2026-01-12
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 6/2023
PR. COMMISSIONER OF INCOME TAX-7 ..... Appellant
Through: Mr Puneet Rai, Sr. Standing Counsel.
versus
M/S PNB HOUSING FINANCE LTD.
..... Respondent
Through: None.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MS JUSTICE TARA VITASTA GANJU
O R D E R %
09.01.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 762/2023 1. Allowed, subject to just exceptions. CM APPL. 763/2023 [Application filed on behalf of the appellant seeking condonation of delay of 32 days in filing the appeal] 2. Having regard to the period of delay in filing the appeal, which, according to the appellant/revenueis 32 days, the delay is condoned. 3. The application is disposed of in the aforesaid terms. ITA 6/2023 4. This appeal is directed against the order passed by the Income Tax Appellate Tribunal [in short, “Tribunal”] dated 30.06.2022. The impugned order concerns Assessment Year (AY) 2016-17.
ITA 6/2023
page 1 of 2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:12:03
4.1 Both the Commissioner of Income Tax (Appeals), [in short, “CIT(A)”], as well as the Tribunal, have deleted the disallowance ordered by the Assessing Officer (AO) claimed under Section 36(1)(viii) of the Income Tax Act, 1961 [in short, “the Act”]. The disallowance was quantified at Rs.5,12,13,197/-. 4.2 The point at issue was as to how deduction under Section 36(1)(viii) of the Act had to be calculated. 4.3 According to the AO, the deduction had to be calculated by taking into account the total receipts as the denominator, whereas, according to the respondent/assessee, it had to be total interest income. 5. It is not in dispute that this very issue has been decided in favour of the respondent/assessee. As a matter of fact, Mr Puneet Rai, learned Sr. Standing Counsel, who appears on behalf of the appellant/revenue, has fairly placed before us a recent order of the coordinate bench passed in ITA 307/2022, dated 06.09.2022, titled PCIT, Delhi-7 v M/S PNB Housing Finance Ltd. 6. Having regard to the aforesaid, the appeal filed by the appellant/revenue is closed.
RAJIV SHAKDHER, J
TARA VITASTA GANJU, J
JANUARY 9, 2023 / tr
Click here to check corrigendum, if any ITA 6/2023
page 2 of 2
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:12:03
More judgments on Section 36(1)(viii)
- Sundaram Home Finance Ltd., Chennai vs ITO, Corporate Ward-6(1), ChennaiITA 1996/CHNY/2026[2014-15]Status: Disposed23 Sept 2026AY 2014-15
- Sundaram Home Finance Limited, Chennai vs CIT, ChennaiITA 1778/CHNY/2026[2016-17]Status: Disposed23 Sept 2026AY 2016-17
- Sundaram Home Finance Limited, Chennai vs CIT, ChennaiITA 1777/CHNY/2026[2015-16]Status: Disposed23 Sept 2026AY 2015-16
- Bandhan Bank Limited, Kolkata vs DCIT-6(1), KolkataITA 965/KOL/2026[2018-2019]Status: Disposed21 Sept 2026AY 2018-2019
- Dy. Commissioner of Income Tax… vs Small Industries Development Bank of India…ITA 870/MUM/2026[2012-13]Status: Disposed7 Sept 2026AY 2012-13
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