Deputy Commissioner of Income-Tax, Circle - 12, Pune vs. Western Maharashtra Development Corporation Ltd, Pune
In the result, the appeal filed by the Revenue is dismissed
ITA 899/PUN/2018[2013-14]Status: DisposedITAT Pune26 Oct 2021AY 2013-14
Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपीऱ सं. / Ita No.899/Pun/2018 नििाारण वषा / Assessment Year : 2013-14 Dcit, Circle-12(2), .......अपीलाथी / Appellant Pune. बनाम / V/S. Western Maharashtra Development Corporation Limited, Kubera Chambers, 2Nd Floor, Dr. Rajendra Prasad Road, Shivajinagar, Pune-411005. ……प्रत्यथी / Respondent Pan : Aaacw1864B Revenue By : Shri S.P. Walimbe Assessee By : Shri Kishor Phadke
For Appellant: Shri Kishor PhadkeFor Respondent: Shri S.P. Walimbe
Section 143(3)Section 145(1)
…that what can be taxed is only a real income, in respect of which the right to receive income had accrued, the same principle was reiterated in the case of UCO Bank (supra). Recently, the Hon’ble Supreme Court again in the case of CIT vs. Vasisth Chay Vyapar, 410 ITR 244 while considering the issue in the context of taxability of interest on Non-performing Assets held that when interest was not received and the possibility of recovery almost Nil, the interest could not be treated to have accrued. Recently, the Hon’ble Jurisdictional High Court in the case of PCIT vs. Solapur District Central Co-op. Bank Ltd., 428…