THE COMMISSIONER OF INCOME TAX, TVM vs. STATE BANK OF TRAVANCORE, TVM
What did the High Court hold?
The High Court, following the Supreme Court judgment in Catholic Syrian Bank v. CIT, held that the assessee's claim under Section 36(1)(viia) was eligible for deduction. The question of law was answered in favour of the assessee.
What were the facts?
The Revenue appealed against an ITAT order that allowed the assessee's claim for deduction under Section 36(1)(viia). The Assessing Officer had disallowed this claim, which was partially allowed by the CIT(A).
What were the issues?
The key issue was the interpretation of 'such debts or part thereof' in the proviso to Section 36(1)(vii) and whether it referred to general bad debts or specifically rural debts and advances under Section 36(1)(viia).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- Catholic Syrian Bank Ltd. v. CIT326 citing343 ITR 270 · 2012 · SC · Read judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943 ITA NO. 118 OF 2009 AGAINST THE ORDER IN ITA 133/2000 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/S: THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM BY ADV SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/S: STATE BANK OF TRAVANCORE, THIRUVANANTHAPURAM OTHER PRESENT: SR ADV JOSEPH MARKOS THIS INCOME TAX APPEAL HAVING COME UP FOR HEARING ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
I.T.A. No.118/2009 -2- J U D G M E N T S.V. Bhatti, J. Heard learned Standing Counsel Mr.Jose Joseph and learned Senior Advocate Mr.Joseph Markos for the parties. 2. Commissioner of Income Tax, Thiruvananthapuram/ Revenue is the appellant. State Bank of Travancore, Thiruvananthapuram/assessee is the respondent. The appeal is directed against the order of the Income Tax Appellate Tribunal, Cochin Bench in I.T.A 133/Coch/2000 dated 22.07.2003. The appeal deals with the issues arising from the tax returns filed by the assessee for the assessment year 1990-91. 2.1 The Assessing Officer through the assessment order in Annexure-A, disallowed the claim of the assessee under
I.T.A. No.118/2009 -3- Section 36(1)(viia). The assessee filed appeal before the Commissioner of Income Tax (Appeals) and the appeal was allowed in part. In the appeal filed by the assessee before Income Tax Appellate Tribunal, through Annexure-C order, the claim of the assessee under Section 36(1)(viia) was allowed by the Tribunal. Hence, the instant Income Tax Appeal, at the instance of the Revenue under Section 260A of the Income Tax Act (for short 'the Act'). The following substantial question of law is raised by the revenue: “1. Whether on the facts and in the circumstances of the case,"such debts or part thereof' used in the proviso to section 36(1)(vii) refer to "bad debts written off or part thereof" used in the main provisions of section 36(1)(vii) or whether the expression refer to debts or part thereof relating to rural debt and advances which is only a specialised and not general application of section 36(1) (viia)? ” 3. The question is regarding the eligible deduction under Section 36(1)(viia) of the Act. The counsel appearing for
I.T.A. No.118/2009 -4- parties state that the question concerning bad debts and provision for bad debts falling under Section 36(1)(vii) and 36(1) (viia) is covered in favour of the assessee in reported judgment of the Supreme Court in Catholic Syrian Bank v. Commissioner of Income Tax1 and had answered the point in favour of assessee and against the Revenue. We are referring to the decision by the Apex Court with a view to comprehensively advert to the outcome on all the substantial questions raised by the Revenue in the instant appeal. The operative portion in Catholic Syrian Bank Ltd judgment reads thus: “Firstly, the Full Bench ignored the significant expression appearing in both the proviso to Section 36(1) (vii) clause (v) of Section 36(2) i.e ., 'assessee to which clause (viia) sub-section(1) applies'. In other words, if the case of the assessee does not fall under Section 36(1)(viia) proviso/limitation would not come into play.” 1 (2012) 343 ITR 270 (SC)
I.T.A. No.118/2009 -5- xxx xxxx xxxxx “Consequently, while answering the question in favour of the assessee, we allow the appeals of the assessee and dismiss the appeals preferred by the revenue. Further, we direct that all matters be remanded to the Assessment Officer for computation in accordance with law, in light of the law enunciated in this judgment.” The question of law framed, by following the judgment referred to above, is answered in favour of the assessee and against the Revenue. Income Tax Appeal stands dismissed accordingly. Sd/- S.V.BHATTI JUDGE Sd/- BECHU KURIAN THOMAS JUDGE jjj
I.T.A. No.118/2009 -6- APPENDIX OF ITA 118/2009 PETITIONER ANNEXURE ANNEXURE "A" TRUE COPY OF THE ORDER OF THE ASSESSING OFFICER DATED 06.10.1999. ANNEXURE "B" TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 04.02.2000 ANNEXURE "C" TRUE COPY OF THE ORDER OF THE APPELLATE TRIBUNAL DATED 22.07.2003.
More judgments on Section 36(1)(viia)
- M/S Malwa Gramin Bank Now Known As Punjab… vs DCIT, SangrurITA 283/CHANDI/2019[2015-16]Status: Disposed29 Sept 2026AY 2015-16
- M/S the Malwa Gramin Bank, Sangrur vs ACIT, Circle, SangrurITA 1181/CHANDI/2018[2014-15]Status: Disposed29 Sept 2026AY 2014-15
- M/S the Malwa Gramin Bank, Sangrur vs Dy Commissioner of Income Tax, SangrurITA 156/CHANDI/2017[2011-12]Status: Disposed29 Sept 2026AY 2011-12
- Rajasthan Marudhara Gramin Bank, Jodhpur vs DCIT, Circle-1, JaipurITA 1248/JPR/2025[2018-19]Status: Disposed28 Sept 2026AY 2018-19
- State Bank of India, Mumbai vs ACIT-Circle- 2(2)(1), MumbaiITA 3429/MUM/2018[2013-14]Status: Disposed11 Sept 2026AY 2013-14
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