BANK OF MAHARASHRA,PUNE vs. THE PR. COMMISSIONER OF INCOME TAX, PUNE, PUNE
What did the Tribunal hold?
The Tribunal held that the PCIT's order under Section 263 was not justified as the Assessing Officer had made adequate inquiries and the issue had been decided in the assessee's favor by the Tribunal in its own case. The Tribunal found the order of the Assessing Officer not to be erroneous, thus failing the twin conditions for revision.
What were the facts?
The assessee, Bank of Maharashtra, claimed a deduction under Section 36(1)(viia) for provisions for bad and doubtful debts. The Assessing Officer allowed the full claim, but the Principal Commissioner of Income Tax (PCIT) initiated revision proceedings under Section 263, considering the order erroneous and prejudicial to revenue.
What were the issues?
Whether the PCIT was justified in invoking Section 263 to revise the Assessing Officer's order when the AO had made adequate inquiries and the issue was covered by a favorable Tribunal decision in the assessee's own case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(9)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Malabar Industrial Co. Ltd. v. CIT2,943 citing243 ITR 83 · 2000 · SC · Read judgment
- CIT v. Max India Ltd.1,162 citing295 ITR 282 · 2007 · SC
- Catholic Syrian Bank Ltd. v. CIT326 citing343 ITR 270 · 2012 · SC · Read judgment
- Agarwal v. CIT113 citing189 ITR 769 · 1991 · HC
- PCIT v. Clix Finance India (P) Ltd.40 citing160 Taxmann.com 357 · 2024 · HC · Read judgment
- Madhya Gujarat Vij Company Ltd. v. PCIT 2024-TIOL-1019-ITAT-Ahm9 citing455 ITR 736 · 2023 · HC
- CIT v. A.R. Builders & Developers P Ltd.6 citing425 ITR 272 · 2020 · HC
- Prudential Assurance Co. Ltd. v. DIT (IT)5 citing191 Taxmann 62 · 2010 · HC
- Karan Jain v. UOI & Ors.4 citing465 ITR 1 · 2024 · HC
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R. K. PANDA & MS ASTHA CHANDRA
आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune
S.No. Details Date Initials Designation 1 Draft dictated on 06.11.2024 Sr. PS/PS 07.11.2024 2 Draft placed before author & Sr. PS/PS 18.12.2024 Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order
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
Recent GST High Court judgments
Search GST case law →- Giri Paints vs. The Assistant Commissioner (St)Madras · 15 Oct 2026
- Rahul Radheshyam Chauhan vs. Union Of INDIA Thru The Sec. Ministry Of Law And Justice And OrsBombay · 15 Oct 2026
- S.Murugesan vs. The Deputy Commercial Tax OfficerMadras · 15 Oct 2026
- Tvl. Annai Garden vs. The Commercial Tax Officer / The State Tax OfficerMadras · 15 Oct 2026
- Yadeshwar Mallekedi vs. The State Of TelanganaTelangana · 15 Oct 2026