Catholic Syrian Bank Ltd. v. CIT

343 ITR 270Supreme Court of India2012#235 most cited

What is Catholic Syrian Bank Ltd. v. CIT authority for?

For a bad debt deduction under Section 36(1)(vii), the debt must be actually written off as irrecoverable in the assessee's accounts, distinct from merely making a provision for bad and doubtful debts. The assessee bears the onus to satisfy the conditions under both Section 36(1)(vii) and Section 36(2) of the Income-tax Act.

326

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2012 to 2026.

Also referred to as

Catholic Syrian Bank Ltd. v. CIT · Section 36(1)(vii) · Section 36(1)(viia) · bad debt deduction · actual write-off · provision for bad and doubtful debts · irrecoverable debt · Section 36(2) · banking companies · TRF Ltd distinguished · Southern Technologies Ltd followed

Also reported as

206 Taxmann 1823 SCC 784

Sections most often in play

Section 36(1)(vii)Section 36(1)(viia)Section 14ASection 143(3)Section 37(1)Section 36(1)(viii)Section 115JBSection 250
Read the full judgment

Issues it is cited on

section 36(2)(v)section 41(4)section 36(1)(viia)section 36(2)section 36(1)(v)section 36(1)(viii)section 46section 36(1)(vii)section 35dsection 10(34)eligible businessinterest on securities

Judgments citing Catholic Syrian Bank Ltd. v. CIT

ACIT, Kumbakonam vs. City Union Bank Limited, Kumbakonam

In the result, the appeals filed for the assessment year 2007-08 filed by

ITA 1801/CHNY/2014[2008-09]Status: DisposedITAT Chennai28 Dec 2016AY 2008-09

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri V. Vivekanandan, CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 194JSection 195JSection 40A

…आयकरअपील"यअ"धकरण, ’डी’ "यायपीठ,चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, CHENNAI "ीचं"पूजार", लेखासद"यएवं"ीजी. पवनकुमार, "या"यकसद"यकेसम# BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER अपीलसं./ I.T.A.Nos.1671, 1801, 1802, 1803 & 1804/Mds/2014 "नधा"रणवष"/ Assessment Year : 2007-08, 2008-09, 2008-09, 2009-10 & 2010-11 Asst. Commissioner of Income Tax, M/s. City Union Bank Limited, Vs. Circle - I, 149, TSR Big Street, Kumbakonam. Kumbakonam. [PAN: AAACC 1287E] अपीलसं./ I.T.A.Nos.2034 & 2035/Mds/2014 "नधा"रणवष"/ Assessment Year : 2007-08 &2008-09 M/s. City Unio…

ACIT, Kumbakonam vs. City Union Bank Limited, Kumbakonam

In the result, the appeals filed for the assessment year 2007-08 filed by

ITA 1671/CHNY/2014[2007-08]Status: DisposedITAT Chennai28 Dec 2016AY 2007-08

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri V. Vivekanandan, CIT
Section 143(1)Section 143(2)Section 143(3)Section 148Section 194JSection 195JSection 40A

…आयकरअपील"यअ"धकरण, ’डी’ "यायपीठ,चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, CHENNAI "ीचं"पूजार", लेखासद"यएवं"ीजी. पवनकुमार, "या"यकसद"यकेसम# BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER अपीलसं./ I.T.A.Nos.1671, 1801, 1802, 1803 & 1804/Mds/2014 "नधा"रणवष"/ Assessment Year : 2007-08, 2008-09, 2008-09, 2009-10 & 2010-11 Asst. Commissioner of Income Tax, M/s. City Union Bank Limited, Vs. Circle - I, 149, TSR Big Street, Kumbakonam. Kumbakonam. [PAN: AAACC 1287E] अपीलसं./ I.T.A.Nos.2034 & 2035/Mds/2014 "नधा"रणवष"/ Assessment Year : 2007-08 &2008-09 M/s. City Unio…

The Greater Bombay Co Op Bank Ltd, Mumbai vs. DCIT 1(3), Mumbai

ITA 1112/MUM/2015[2011-12]Status: DisposedITAT Mumbai23 Nov 2016AY 2011-12

Bench: Shri Amit Shukla () & Shri Ashwani Taneja ()

Section 143(3)Section 36Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 36(2)

…the assessee filed appeal before the Tribunal. 8. During the course of hearing, Ld. Counsel made vehement arguments and submitted that this issue has been now settled by the judgment of the Hon’ble Supreme Court in the case of Catholic Syrian Bank Ltd vs CIT 343 ITR 270 (SC) wherein it was held that the provisions of section 36(1)(vii) and 36(1)(viia) of the Act are distinct and independent items of deduction and operate in their respective fields. Reliance was also placed upon the judgment of Hon’ble Supreme Court in the case of DCIT vs Karnataka Bank Ltd 349 ITR 705 (SC) wherein it was held that scheduled comm…

Vijaya Bank, Bangalore vs. Addl..C.I.T., Bangalore

In the result, the appeal filed by the revenue is dismissed

ITA 331/BANG/2014[2009-10]Status: DisposedITAT Bangalore22 Jul 2016AY 2009-10

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raojoint Commissioner Of Income-Tax, Ltu, Bangalore. … Appellant Vs. M/S. Vijaya Bank, Head Office, Central Accounts Dept. 41/2, Mg Road, Bangalre-560001. … Respondent Pa No.Aaacv 4791 J & M/S. Vijaya Bank, Ho, Central Accounts Dept. 41/2, M.G.Road, Bangalore. … Appellant Vs. Addl. Commissioner Of Income-Tax, Ltu, Bangalore. … Respondent Revenue By : Shri P.Chandrashekar, Cit(Dr) Assessee By : Shri S.Ananthan, Ca & Smt.Lalitha Ramaswamy, Ca Date Of Hearing : 07/06/2016 Date Of Pronouncement : 22/07/2016 O R D E R Per Inturi Rama Rao, Am : These Are Cross Appeals Filed By The Assessee-Bank As Well As The Revenue Directed Against The Order Of The Cit(A), Ltu, Bangalore, Dated 28/11/2013 For The Assessment Year 2009-10. Ita Nos.318 & 331/Bang/2014 Page 2 Of 25 2. Briefly, Facts Of The Case Are That The Assessee Is A Nationalized Bank Engaged In The Business Of Banking. It Filed Return Of Income For The Assessment Year 2009-10 On 29/9/2009 Declaring A Total Income Of Rs.540,24,85,305/-. Against The Said Return Of Income, Assessment Was Completed By The Addl. Cit (Ltu), Bangalore, U/S 143(3) Of The Income-Tax Act, 1961 [Hereinafter Referred To As 'The Act' For Short] Vide Order Dated 30/08/2011 At A Total Income Of Rs.1205,99,81,409/-. While Doing So, The Ao Made The Following Disallowances:

For Appellant: Shri S.Ananthan, CA and Smt.Lalitha Ramaswamy, CAFor Respondent: Shri P.Chandrashekar, CIT(DR)
Section 115JSection 143(3)Section 14ASection 36(1)(vii)Section 36(1)(viia)

…the ground that it is a case of overlapping of the amount claimed u/s 36(1)(viia). During the course of appellate proceedings before the CIT(A), the assessee-bank relied upon the decision of the Hon’ble Supreme Court in the case of Catholic Syrian Bank Ltd. (343 ITR 270) in support of its claim that the claims u/s 36(1)(vii) and 36(1)(viia) are independent of each other. Obviously, the CIT(A) accepted ITA Nos.318 & 331/Bang/2014 Page 11 of 25 this view but however considering the evidence filed by the AO before him, held that bad debts were not actually written off as there was no corresponding debit in P&L Acc…

JCIT, Bangalore vs. M/S Vijaya Bank, Bangalore

In the result, the appeal filed by the revenue is dismissed

ITA 318/BANG/2014[2009-10]Status: DisposedITAT Bangalore22 Jul 2016AY 2009-10

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raojoint Commissioner Of Income-Tax, Ltu, Bangalore. … Appellant Vs. M/S. Vijaya Bank, Head Office, Central Accounts Dept. 41/2, Mg Road, Bangalre-560001. … Respondent Pa No.Aaacv 4791 J & M/S. Vijaya Bank, Ho, Central Accounts Dept. 41/2, M.G.Road, Bangalore. … Appellant Vs. Addl. Commissioner Of Income-Tax, Ltu, Bangalore. … Respondent Revenue By : Shri P.Chandrashekar, Cit(Dr) Assessee By : Shri S.Ananthan, Ca & Smt.Lalitha Ramaswamy, Ca Date Of Hearing : 07/06/2016 Date Of Pronouncement : 22/07/2016 O R D E R Per Inturi Rama Rao, Am : These Are Cross Appeals Filed By The Assessee-Bank As Well As The Revenue Directed Against The Order Of The Cit(A), Ltu, Bangalore, Dated 28/11/2013 For The Assessment Year 2009-10. Ita Nos.318 & 331/Bang/2014 Page 2 Of 25 2. Briefly, Facts Of The Case Are That The Assessee Is A Nationalized Bank Engaged In The Business Of Banking. It Filed Return Of Income For The Assessment Year 2009-10 On 29/9/2009 Declaring A Total Income Of Rs.540,24,85,305/-. Against The Said Return Of Income, Assessment Was Completed By The Addl. Cit (Ltu), Bangalore, U/S 143(3) Of The Income-Tax Act, 1961 [Hereinafter Referred To As 'The Act' For Short] Vide Order Dated 30/08/2011 At A Total Income Of Rs.1205,99,81,409/-. While Doing So, The Ao Made The Following Disallowances:

For Appellant: Shri S.Ananthan, CA and Smt.Lalitha Ramaswamy, CAFor Respondent: Shri P.Chandrashekar, CIT(DR)
Section 115JSection 143(3)Section 14ASection 36(1)(vii)Section 36(1)(viia)

…the ground that it is a case of overlapping of the amount claimed u/s 36(1)(viia). During the course of appellate proceedings before the CIT(A), the assessee-bank relied upon the decision of the Hon’ble Supreme Court in the case of Catholic Syrian Bank Ltd. (343 ITR 270) in support of its claim that the claims u/s 36(1)(vii) and 36(1)(viia) are independent of each other. Obviously, the CIT(A) accepted ITA Nos.318 & 331/Bang/2014 Page 11 of 25 this view but however considering the evidence filed by the AO before him, held that bad debts were not actually written off as there was no corresponding debit in P&L Acc…

Bank of India, Mumbai vs. Asst CIT 2(1), Mumbai

ITA 2966/MUM/2014[2007-08]Status: DisposedITAT Mumbai13 Jul 2016AY 2007-08

Bench: S/Shri B.R. Baskaran (Am) & Ramlal Negi (Jm)

Section 14ASection 36(1)(vii)Section 36(1)(viia)

…in excess of the amount available in “Provision for bad and doubtful Debts Account” created u/s 36(1)(viia) of the Act. The Ld CIT(A), however, directed the AO to apply the principles laid down by Hon’ble Supreme Court in the case of Catholic Syrian Bank Ltd (343 ITR 270). 4. At the time of hearing, both the parties agreed that this issue is covered by the decision rendered by co-ordinate benches of Tribunal in the assessee’s own case in ITA No.3422 & 3437/Mum/2013 relating to AY 2006-07. A perusal of the order passed by the co-ordinate bench of Tribunal shows that the Tribunal has followed the decision rendered…

ACIT, Gulbarga vs. M/S Krishna Grameena Bank, Gulbarga

In the result, the appeal of Revenue is partly allowed

ITA 592/BANG/2014[2010-11]Status: DisposedITAT Bangalore06 May 2016AY 2010-11

Bench: Shri Sunil Kumar Yadav & Shri A.K. Garodiaassessment Year : 2010-11

For Appellant: Shri Sanjay Kumar, CIT-III(DR)For Respondent: Shri G. Venkatesh, Advocate
Section 43B

…ion for bad and doubtful debts without appreciating the fact that the assessee had not furnished complete details towards its claim and the learned CIT (A) erred in relying on the decision of the Apex Court in the case of M/s. Catholic Syrian Bank Ltd vs CIT, 343 ITR 270 without appreciating the fact that the said decision was rendered in context to section 36(1) (vii). 7. It was submitted by the ld. DR of Revenue that the details available on pages 1 to 7 of the Paperbook were not available before the AO and they were submitted for the first time before the CIT (Appeals) and no Page 5 of 12 remand report has b…

Tamilnadu State Apex Co-Operative Bank Ltd., Chennai vs. ACIT, Chennai

The appeal of the assessee is partly allowed for statistical purpose

ITA 2177/CHNY/2014[2007-2008]Status: DisposedITAT Chennai06 Apr 2016AY 2007-2008

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri. R. Viswanathan, C.AFor Respondent: Shri R. Mohan, CIT, DR
Section 142(1)Section 143(1)Section 143(3)Section 148Section 36Section 36(1)(viia)

…red the additional grounds were the ld. Assessing Officer erred in not allowing deduction u/s.36(1)(viia) of the Act as per return of income and the deduction should be allowed based on the decision of Apex Court in the case of Catholic Syrian Bank vs. CIT 18 Taxmann.com 282. The ld. Commissioner of Income Tax (Appeals) held the reopening of assessment is valid and the assessee debited 6,80,50,416/- as provisions including "95,50,416/- towards provision for bad and ITA No.2177 & 2178/Mds/2014. :- 6 -: doubtful debts. On perusal of the computation of income the assessee has disallowed only "35,50,416/- at th…

The Commissioner of Income-Tax vs. M/S Himatsingka Seide Ltd

The appeals are dismissed

ITA/229/2015HC Karnataka05 Apr 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 10BSection 14ASection 260Section 36(1)(iii)

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2016 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA ITA NO.229/2015 C/W ITA NO.228/2015 ITA NO.229/2015 BETWEEN 1. THE COMMISSIONER OF INCOME-TAX C.R. BUILDING, QUEENS ROAD, BANGALORE. 2. THE DY. COMMISSIONER OF INCOME-TAX CIRCLE -11(4), RASHTROTHANA BHAVAN, NRUPATHUNGA ROAD, BANGALORE-560 001. ...APPELLANTS (BY SRI.K.V.ARAVIND, ADVOCATE) AND M/S. HIMATSINGKA SEIDE LTD 10/24, KUMARA KRUPA ROAD, 2 HIGH GROUNDS,…

The Commissioner of Income-Tax vs. M/S Himatsingka Seide Ltd

The appeals are dismissed

ITA/228/2015HC Karnataka05 Apr 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 10BSection 14ASection 260Section 36(1)(iii)

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2016 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA ITA NO.229/2015 C/W ITA NO.228/2015 ITA NO.229/2015 BETWEEN 1. THE COMMISSIONER OF INCOME-TAX C.R. BUILDING, QUEENS ROAD, BANGALORE. 2. THE DY. COMMISSIONER OF INCOME-TAX CIRCLE -11(4), RASHTROTHANA BHAVAN, NRUPATHUNGA ROAD, BANGALORE-560 001. ...APPELLANTS (BY SRI.K.V.ARAVIND, ADVOCATE) AND M/S. HIMATSINGKA SEIDE LTD 10/24, KUMARA KRUPA ROAD, 2 HIGH GROUNDS,…

Canara Bank, Bangalore vs. Addl. C.I.T., Bangalore

In the result, appeal by the revenue is partly allowed

ITA 693/BANG/2012[2008-09]Status: DisposedITAT Bangalore30 Mar 2016AY 2008-09

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior AdvocateFor Respondent: Shri G.R.Reddy, CIT(DR)
Section 115JSection 143(2)Section 143(3)Section 14ASection 35DSection 36(1)(viia)

….s.36(2) of the Act were complied with. He further submitted that reducing the provision for bad and doubtful debts from debtor’s account amounts to write off as held by the Hon’ble Apex Court in the case of Vijaya Bank (323 ITR 166) and Catholic Syrian Bank (343 ITR 270) and the jurisdictional High Court in ITA No.1011/2008 in the assessee-bank’s case. He further relied on the following decisions: Bank of India: (i) (27 Taxman 335)(ITAT,Mum) (ii)ITA 3422 & 3437/2013, 1498/2011- ITAT,Mum. (ii)ITA 2781 & 3534/2010 – ITAT, Mum. (iii) 5 TMI 929/2014 Indian Bank: (i)TA 470 to 472/2010 – ITAT, Chennai (ii) ITA 131, 3…

JCIT, Bangalore vs. M/S Canara Bank, Bangalore

In the result, appeal by the revenue is partly allowed

ITA 684/BANG/2012[2008-09]Status: DisposedITAT Bangalore30 Mar 2016AY 2008-09

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior AdvocateFor Respondent: Shri G.R.Reddy, CIT(DR)
Section 115JSection 143(2)Section 143(3)Section 14ASection 35DSection 36(1)(viia)

….s.36(2) of the Act were complied with. He further submitted that reducing the provision for bad and doubtful debts from debtor’s account amounts to write off as held by the Hon’ble Apex Court in the case of Vijaya Bank (323 ITR 166) and Catholic Syrian Bank (343 ITR 270) and the jurisdictional High Court in ITA No.1011/2008 in the assessee-bank’s case. He further relied on the following decisions: Bank of India: (i) (27 Taxman 335)(ITAT,Mum) (ii)ITA 3422 & 3437/2013, 1498/2011- ITAT,Mum. (ii)ITA 2781 & 3534/2010 – ITAT, Mum. (iii) 5 TMI 929/2014 Indian Bank: (i)TA 470 to 472/2010 – ITAT, Chennai (ii) ITA 131, 3…

Addl.Ci.T., Bangalore vs. M/S Canara Bank, Bangalore

In the result, appeal by the revenue is partly allowed

ITA 813/BANG/2011[2007-08]Status: DisposedITAT Bangalore30 Mar 2016AY 2007-08

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior AdvocateFor Respondent: Shri G.R.Reddy, CIT(DR)
Section 115JSection 143(2)Section 143(3)Section 14ASection 35DSection 36(1)(viia)

….s.36(2) of the Act were complied with. He further submitted that reducing the provision for bad and doubtful debts from debtor’s account amounts to write off as held by the Hon’ble Apex Court in the case of Vijaya Bank (323 ITR 166) and Catholic Syrian Bank (343 ITR 270) and the jurisdictional High Court in ITA No.1011/2008 in the assessee-bank’s case. He further relied on the following decisions: Bank of India: (i) (27 Taxman 335)(ITAT,Mum) (ii)ITA 3422 & 3437/2013, 1498/2011- ITAT,Mum. (ii)ITA 2781 & 3534/2010 – ITAT, Mum. (iii) 5 TMI 929/2014 Indian Bank: (i)TA 470 to 472/2010 – ITAT, Chennai (ii) ITA 131, 3…

Canara Bank, Bangalore vs. Addl.C.I.T., Bangalore

In the result, appeal by the revenue is partly allowed

ITA 793/BANG/2011[2007-08]Status: DisposedITAT Bangalore30 Mar 2016AY 2007-08

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior AdvocateFor Respondent: Shri G.R.Reddy, CIT(DR)
Section 115JSection 143(2)Section 143(3)Section 14ASection 35DSection 36(1)(viia)

….s.36(2) of the Act were complied with. He further submitted that reducing the provision for bad and doubtful debts from debtor’s account amounts to write off as held by the Hon’ble Apex Court in the case of Vijaya Bank (323 ITR 166) and Catholic Syrian Bank (343 ITR 270) and the jurisdictional High Court in ITA No.1011/2008 in the assessee-bank’s case. He further relied on the following decisions: Bank of India: (i) (27 Taxman 335)(ITAT,Mum) (ii)ITA 3422 & 3437/2013, 1498/2011- ITAT,Mum. (ii)ITA 2781 & 3534/2010 – ITAT, Mum. (iii) 5 TMI 929/2014 Indian Bank: (i)TA 470 to 472/2010 – ITAT, Chennai (ii) ITA 131, 3…

JCIT, Bangalore vs. M/S Canara Bank, Bangalore

In the result, appeal by the revenue is partly allowed

ITA 601/BANG/2010[2005-06]Status: DisposedITAT Bangalore30 Mar 2016AY 2005-06

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior AdvocateFor Respondent: Shri G.R.Reddy, CIT(DR)
Section 115JSection 143(2)Section 143(3)Section 14ASection 35DSection 36(1)(viia)

….s.36(2) of the Act were complied with. He further submitted that reducing the provision for bad and doubtful debts from debtor’s account amounts to write off as held by the Hon’ble Apex Court in the case of Vijaya Bank (323 ITR 166) and Catholic Syrian Bank (343 ITR 270) and the jurisdictional High Court in ITA No.1011/2008 in the assessee-bank’s case. He further relied on the following decisions: Bank of India: (i) (27 Taxman 335)(ITAT,Mum) (ii)ITA 3422 & 3437/2013, 1498/2011- ITAT,Mum. (ii)ITA 2781 & 3534/2010 – ITAT, Mum. (iii) 5 TMI 929/2014 Indian Bank: (i)TA 470 to 472/2010 – ITAT, Chennai (ii) ITA 131, 3…

Canara Bank, Bangalore vs. JCIT, Bangalore

In the result, appeal by the revenue is partly allowed

ITA 530/BANG/2010[2005-06]Status: DisposedITAT Bangalore30 Mar 2016AY 2005-06

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior AdvocateFor Respondent: Shri G.R.Reddy, CIT(DR)
Section 115JSection 143(2)Section 143(3)Section 14ASection 35DSection 36(1)(viia)

….s.36(2) of the Act were complied with. He further submitted that reducing the provision for bad and doubtful debts from debtor’s account amounts to write off as held by the Hon’ble Apex Court in the case of Vijaya Bank (323 ITR 166) and Catholic Syrian Bank (343 ITR 270) and the jurisdictional High Court in ITA No.1011/2008 in the assessee-bank’s case. He further relied on the following decisions: Bank of India: (i) (27 Taxman 335)(ITAT,Mum) (ii)ITA 3422 & 3437/2013, 1498/2011- ITAT,Mum. (ii)ITA 2781 & 3534/2010 – ITAT, Mum. (iii) 5 TMI 929/2014 Indian Bank: (i)TA 470 to 472/2010 – ITAT, Chennai (ii) ITA 131, 3…

Addl.CIT, Bangalore vs. M/S Canara Bank, Bangalore

In the result, appeal by the revenue is partly allowed

ITA 530/BANG/2009[2006-07]Status: DisposedITAT Bangalore30 Mar 2016AY 2006-07

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior AdvocateFor Respondent: Shri G.R.Reddy, CIT(DR)
Section 115JSection 143(2)Section 143(3)Section 14ASection 35DSection 36(1)(viia)

….s.36(2) of the Act were complied with. He further submitted that reducing the provision for bad and doubtful debts from debtor’s account amounts to write off as held by the Hon’ble Apex Court in the case of Vijaya Bank (323 ITR 166) and Catholic Syrian Bank (343 ITR 270) and the jurisdictional High Court in ITA No.1011/2008 in the assessee-bank’s case. He further relied on the following decisions: Bank of India: (i) (27 Taxman 335)(ITAT,Mum) (ii)ITA 3422 & 3437/2013, 1498/2011- ITAT,Mum. (ii)ITA 2781 & 3534/2010 – ITAT, Mum. (iii) 5 TMI 929/2014 Indian Bank: (i)TA 470 to 472/2010 – ITAT, Chennai (ii) ITA 131, 3…

M/S. Canara Bank, Bangalore vs. ACIT, Bangalore

In the result, appeal by the revenue is partly allowed

ITA 479/BANG/2009[2006-07]Status: DisposedITAT Bangalore30 Mar 2016AY 2006-07

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior AdvocateFor Respondent: Shri G.R.Reddy, CIT(DR)
Section 115JSection 143(2)Section 143(3)Section 14ASection 35DSection 36(1)(viia)

….s.36(2) of the Act were complied with. He further submitted that reducing the provision for bad and doubtful debts from debtor’s account amounts to write off as held by the Hon’ble Apex Court in the case of Vijaya Bank (323 ITR 166) and Catholic Syrian Bank (343 ITR 270) and the jurisdictional High Court in ITA No.1011/2008 in the assessee-bank’s case. He further relied on the following decisions: Bank of India: (i) (27 Taxman 335)(ITAT,Mum) (ii)ITA 3422 & 3437/2013, 1498/2011- ITAT,Mum. (ii)ITA 2781 & 3534/2010 – ITAT, Mum. (iii) 5 TMI 929/2014 Indian Bank: (i)TA 470 to 472/2010 – ITAT, Chennai (ii) ITA 131, 3…

DCIT, Circle - 6 Kolkata, Kolkata vs. Uco Bank, Kolkata

ITA No.1329/K/08

ITA 197/KOL/2011[2007-08]Status: DisposedITAT Kolkata18 Mar 2016AY 2007-08

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

For Appellant: S/Shri D.S Damle, FCAFor Respondent: Shri G.Mallikarjana, CIT, ld.DR
Section 143(3)Section 36(1)(vii)Section 36(1)(viia)

…ssessee in assessee’s own case by the co-ordinate bench decision of this tribunal for the Asst Years 1998-99, 1999-2000, 2001-02 & 2002-03 and also covered by the decision of the Hon’ble Supreme Court in the case of Catholic Syrian Bank Ltd vs CIT reported in 343 ITR 270 (SC). The Learned DR fairly conceded that the issue is covered by the decision of the Hon’ble Apex Court but the figures stated by the Learned AR requires verification and confirmation by the Learned AO. Hence in these facts and circumstances, we deem it fit and appropriate, in the interest of justice and fairplay, to set aside this issue to the…

Allahabad Bank, Kolkata vs. Addl. CIT, Range - 6, Kolkata

In the result, the assessee’s appeals for A

ITA 2175/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Mar 2016AY 2005-06

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 115JSection 14A

…d. As agreed by the ld. representatives of both the sides, this issue involved in Ground No. 4 of the Revenue’s appeal for A.Y. 2005-06 now stands squarely covered by the decision of the Hon’ble Supreme Court in the case of Catholic Syrian Bank Limited (2012) 3 SCC 784 whereby the view taken by Cochin Special Bench of ITAT has been affirmed by the Hon’ble Apex Court. Respectfully following the said decision of the Hon’ble Supreme Court in the case of Catholic Syrian Bank Limited, we uphold the impugned order of the ld. CIT(Appeals) giving relief to the assessee on this issue and dismiss Ground No. 4 of the Revenu…