CIT v. South Indian Bank Ltd.

340 ITR 574High Court2012#4435 most cited

What is CIT v. South Indian Bank Ltd. authority for?

Interest under section 244A for a refund is not automatically declined merely because a claim was allowed at the appellate stage, even if it was belated. The assessee is not ipso facto responsible for causing the delay.

27

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2024.

Also referred to as

CIT v. South Indian Bank Ltd · section 244A · interest on refund · delay in proceedings · belated claim · Commissioner (Appeals) · assessment proceedings · refund

Also reported as

237 CTR 74

Sections most often in play

Section 143(1)Section 143(3)Section 154Section 244ASection 250Section 244A(2)Section 14ASection 36(1)(vii)

Issues it is cited on

section 244a(1)section 244interest on refundsection 244asection 260chief commissionersection 254section 24section 154revenue expendituresection 28section 14a

Judgments citing CIT v. South Indian Bank Ltd.

Canara Bank, Bangalore vs. JCIT, Bangalore

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

ITA 931/BANG/2016[2011-12]Status: DisposedITAT Bangalore15 Sept 2017AY 2011-12

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior Advocate and Shri S.Ananthan, CAFor Respondent: Shri G.R. Reddy, CIT(DR)
Section 143(3)Section 36(1)(vii)

…ebts in assessee’s case is much more than the amount of bad debts actually written off and claimed u/s 36(1)(vii) of the Act. The AO also placed reliance on the full bench judgment of the Hon’ble Kerala High Court in the case of CIT vs. South Indian Bank Ltd (326 ITR 174). 7.1 In appeal before the CIT(A), the CIT(A) confirmed the addition by holding that it is only a provision made for NPA account in the books of account. He further held that the assessee-bank had not complied with the conditions stipulated by the Hon’ble Apex Court in the case of Southern Technologies vs. Joint CIT (320 ITR 577). 7.2 We heard…

Canara Bank, Bangalore vs. JCIT, Bangalore

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

ITA 1493/BANG/2014[2010-11]Status: DisposedITAT Bangalore15 Sept 2017AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior Advocate and Shri S.Ananthan, CAFor Respondent: Shri G.R. Reddy, CIT(DR)
Section 143(3)Section 36(1)(vii)

…ebts in assessee’s case is much more than the amount of bad debts actually written off and claimed u/s 36(1)(vii) of the Act. The AO also placed reliance on the full bench judgment of the Hon’ble Kerala High Court in the case of CIT vs. South Indian Bank Ltd (326 ITR 174). 7.1 In appeal before the CIT(A), the CIT(A) confirmed the addition by holding that it is only a provision made for NPA account in the books of account. He further held that the assessee-bank had not complied with the conditions stipulated by the Hon’ble Apex Court in the case of Southern Technologies vs. Joint CIT (320 ITR 577). 7.2 We heard…

Joint Commissioner of Income Tax, Bangalore vs. M/S Canara Bank, Bangalore

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

ITA 1440/BANG/2014[2010-11]Status: DisposedITAT Bangalore15 Sept 2017AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior Advocate and Shri S.Ananthan, CAFor Respondent: Shri G.R. Reddy, CIT(DR)
Section 143(3)Section 36(1)(vii)

…ebts in assessee’s case is much more than the amount of bad debts actually written off and claimed u/s 36(1)(vii) of the Act. The AO also placed reliance on the full bench judgment of the Hon’ble Kerala High Court in the case of CIT vs. South Indian Bank Ltd (326 ITR 174). 7.1 In appeal before the CIT(A), the CIT(A) confirmed the addition by holding that it is only a provision made for NPA account in the books of account. He further held that the assessee-bank had not complied with the conditions stipulated by the Hon’ble Apex Court in the case of Southern Technologies vs. Joint CIT (320 ITR 577). 7.2 We heard…

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

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

ITA 979/BANG/2013[2009-10]Status: DisposedITAT Bangalore15 Sept 2017AY 2009-10

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior Advocate and Shri S.Ananthan, CAFor Respondent: Shri G.R. Reddy, CIT(DR)
Section 143(3)Section 36(1)(vii)

…ebts in assessee’s case is much more than the amount of bad debts actually written off and claimed u/s 36(1)(vii) of the Act. The AO also placed reliance on the full bench judgment of the Hon’ble Kerala High Court in the case of CIT vs. South Indian Bank Ltd (326 ITR 174). 7.1 In appeal before the CIT(A), the CIT(A) confirmed the addition by holding that it is only a provision made for NPA account in the books of account. He further held that the assessee-bank had not complied with the conditions stipulated by the Hon’ble Apex Court in the case of Southern Technologies vs. Joint CIT (320 ITR 577). 7.2 We heard…

J.C.I.T vs. M/S Canara Bank

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

ITA 1035/BANG/2013[2009-10]Status: DisposedITAT Bangalore15 Sept 2017AY 2009-10

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Sarangan, Senior Advocate and Shri S.Ananthan, CAFor Respondent: Shri G.R. Reddy, CIT(DR)
Section 143(3)Section 36(1)(vii)

…ebts in assessee’s case is much more than the amount of bad debts actually written off and claimed u/s 36(1)(vii) of the Act. The AO also placed reliance on the full bench judgment of the Hon’ble Kerala High Court in the case of CIT vs. South Indian Bank Ltd (326 ITR 174). 7.1 In appeal before the CIT(A), the CIT(A) confirmed the addition by holding that it is only a provision made for NPA account in the books of account. He further held that the assessee-bank had not complied with the conditions stipulated by the Hon’ble Apex Court in the case of Southern Technologies vs. Joint CIT (320 ITR 577). 7.2 We heard…

The Burdwan Central Co - Operative Bank Limited, Burdwan vs. A.C.I.T Cir - 2, Burdwan

In the result the appeal of the assessee is partly allowed

ITA 1243/KOL/2013[2009-10]Status: DisposedITAT Kolkata02 Sept 2016AY 2009-10

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2009-10

For Appellant: Shri Pratap Kanti Ghosh, , FCAFor Respondent: Shri Sallong Yaden, Addl.CIT
Section 143(3)

…onal loss suffered on account of the revaluation of the said securities at the close of the year is an allowable deduction in the computation of the profits of the appellant. The Hon’ble court referred to the following judgments —CIT vs. South India Bank Ltd. 241 ITR 374 (Ker), Malabar Co-operative Central Bank Ltd. vs. CIT 101 ITR 87 (Ker), UCO Bank vs. CIT 240 ITR 355 (SC), CIT vs. Karnataka State Co-operative Apex Bank 251 ITR 194 (SC) and Mehsana District Central Co-operative Bank Ltd. vs. ITO 251 ITR 522 (SC) and distinguished the decision in the case of Vijaya Bank Ltd. vs. Addl. CIT (1991) 94 CTR (SC) 216…

Bank of Ceylon, Chennai vs. DDIT, Chennai

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

ITA 518/CHNY/2015[2010-11]Status: DisposedITAT Chennai16 Apr 2015AY 2010-11

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.518/Mds/2015 "नधा"रण वष"/Assessment Year:2010-11 M/S. Bank Of Ceylon , The Deputy Director Of 20/21, Casa Major Road, Vs. Income Tax, New No.2, Zerart Garden Ii Lane, International Taxation I, Egmore, Chennai 600 008. Chennai 600 034. [Pan: Aaacb2218C] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri V.S. Jayakumar, Advocate Shri S. Ganapathi Subramanian, Ca ""यथ" क" ओर से/Respondent By : Dr. B. Nischal, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 29.02.2016 घोषणा क" तार"ख /Date Of Pronouncement : 06.05.2016 आदेश /O R D E R Per Duvvuru Rl Reddy:

For Appellant: Shri V.S. Jayakumar, AdvocateFor Respondent: Dr. B. Nischal, JCIT
Section 143(3)Section 36(1)(viia)

…आयकर अपील"य अ"धकरण, “डी” "यायपीठ, चे"नई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI "ी चं" पूजार", लेखा सद"य एवं "ी धु"वु" आर.एल रे"डी, "या"यक सद"य के सम" Before Shri Chandra Poojari, Accountant Member & Shri Duvvuru RL Reddy, Judicial Member आयकर अपील सं./I.T.A.No.518/Mds/2015 "नधा"रण वष"/Assessment Year:2010-11 M/s. Bank of Ceylon , The Deputy Director of 20/21, Casa Major Road, Vs. Income Tax, New No.2, Zerart Garden II Lane, International Taxation I, Egmore, Chennai 600 008. Chennai 600 034. [PAN: AAACB2218C] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant by : Shri V.S. Jayak…