Kedarnath Jute Mfg. Co. Ltd. v. CIT

82 ITR 363Supreme Court of India1971#89 most cited

What is Kedarnath Jute Mfg. Co. Ltd. v. CIT authority for?

Tax liability for an item of income or expenditure is determined solely by the provisions of the Income-tax Act. Entries in an assessee's books of account are not conclusive and do not govern the taxability or deductibility of an item, as the legal rights and obligations under the Act prevail.

654

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 1998 to 2026.

Also referred to as

Kedarnath Jute Mfg. Co. Ltd. v. CIT · 82 ITR 363 SC · tax liability · accounting entries · books of account · Income-tax Act provisions · tax law vs accounting · section 145 · mercantile system · book profits · section 115JB · section 37(1) · section 43B

Sections most often in play

Section 143(3)Section 1961Section 37(1)Section 43BSection 14ASection 115JBSection 143(1)Section 145
Read the full judgment

Issues it is cited on

section 80hhcsection 80hhbook profitsrevenue expendituresection 80iamercantile system of accountingcapital expendituresection 115jsection 80idisallowance under section 14asection 37(1)section 115jb

Judgments citing Kedarnath Jute Mfg. Co. Ltd. v. CIT

M/S. Te Connectivity Services India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-7(1)(1), Bangalore

In the result, the appeal by the assessee is partly allowed

ITA 191/BANG/2022[2017-18]Status: DisposedITAT Bangalore16 Sept 2022AY 2017-18

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.191/Bang/2022 Assessment Year : 2017-18 M/S. Te Connectivity Services India Private Vs. National Faceless Assessment Centre, Limited, Delhi. 59/2, 1St Floor, Gurudas Heritage, Block-B, 100 Feet Ring Road, Banashankari 2Nd Stage, Bengaluru – 560 070. Pan: Aafct 3474 R Appellant Respondent Assessee By : Shri. Sriram Seshadri, Ca Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 14.09.2022 Date Of Pronouncement : 16.09.2022 O R D E R Per N. V. Vasudevan:

For Appellant: Shri. Sriram Seshadri, CAFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144BSection 92Section 92C

…nd loss account but claimed in the IT(TP)A No.191/Bang/2022 Page 25 of 30 computation of income, the disallowance can be sustained. On this aspect, the law is well settled and laid down by the Hon’ble Supreme Court in the case of Kedarnath Jute Mfg. Co. Ltd. 82 ITR 363 (SC), wherein it was held that, the way in which entries are made by an assessee in his books of account is not determinative of the question whether the assessee has earned any profit or suffered any loss. It is undisputed that the assessee has deducted TDS on the entire interest expenditure. The assessee while benchmarking interest payment to As…

Deputy Commissioner of Income-Tax Circle -5, Pune vs. Serum Institute of India Pvt Ltd., Pune

In the result, the appeal filed by the Revenue stands dismissed

ITA 323/PUN/2021[2013-14]Status: DisposedITAT Pune15 Sept 2022AY 2013-14
For Appellant: Shri Percy PardiwallaFor Respondent: Shri J. P. Chadraker
Section 10ASection 14ASection 35Section 35(1)

…r running business. The treatment given in the books of account is not determinative of the allowability or otherwise the expenditure under the provisions of the Act as held by the Hon’ble Supreme Court in the case of (i) Kedarnath Jute Mfg. Co. Ltd. vs. CIT, 82 ITR 363 (SC) and (ii) Kedarnath Jute Mfg. Co. Ltd. vs. CIT, 116 ITR 1 (SC) and (iii) CIT vs. Smifs Securities Ltd., 348 ITR 302 (SC). The Tribunal had rendered the decision following ratio rendered in those judgment and, therefore, we do not see any reason to interfere with the findings of the ld. CIT(A), inasmuch as, he only followed the decision of the…

Suchetan Commercial & Marketing Pvt. Ltd., Mumbai vs. ITO 2 (3)(2), Mumbai

In the result, the appeal of the assessee in ITA No

ITA 6575/MUM/2019[2013-14]Status: DisposedITAT Mumbai07 Sept 2022AY 2013-14
Section 115JSection 143(3)Section 56(1)

…the flats / shops. In any case, entries in the books of accounts are not determinative of taxable income under the Act. Reliance in this regard is placed on the decision of Hon‟ble Supreme Court in the case of Kedarnath Jute Manufacturing Co. Ltd reported in 82 ITR 363 (SC) and Taparia Tools Ltd vs JCIT reported in 372 ITR 605 (SC). 3.9. It is not in dispute that the MOUs entered into by the assessee for acquisitions of shops and flats were not registered. No stamp duty has been paid by the assessee at the time of its acquisition as the transactions had not been routed through the Stamp duty authorities. No evi…

Suchetan Commercial & Marketing Pvt. Ltd., Mumbai vs. ITO 2 (3)(2), Mumbai

In the result, the appeal of the assessee in ITA No

ITA 6574/MUM/2019[2012-13]Status: DisposedITAT Mumbai07 Sept 2022AY 2012-13
Section 115JSection 143(3)Section 56(1)

…the flats / shops. In any case, entries in the books of accounts are not determinative of taxable income under the Act. Reliance in this regard is placed on the decision of Hon‟ble Supreme Court in the case of Kedarnath Jute Manufacturing Co. Ltd reported in 82 ITR 363 (SC) and Taparia Tools Ltd vs JCIT reported in 372 ITR 605 (SC). 3.9. It is not in dispute that the MOUs entered into by the assessee for acquisitions of shops and flats were not registered. No stamp duty has been paid by the assessee at the time of its acquisition as the transactions had not been routed through the Stamp duty authorities. No evi…

M/S Allen Career Institute, Jaipur vs. Income Tax Officer, Ward-2-1, Kota

In the result, the appeal of the assessee is partly allowed

ITA 617/JPR/2018[2013-14]Status: DisposedITAT Jaipur04 Aug 2022AY 2013-14
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 234ASection 244ASection 37(1)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, ‘’A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 617/JP/2018 fu/kZkj.k o"kZ@Assessment Year : 2013-14 Allen Career Institute cuke The ITO Vs. CP-6, Indra Nagar Ward 2(1) Kotas Kota LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAEFA 3972 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya, Advocate & Shri Dewang Gargieya, Advocate jktL…

Allen Career Institute, Kota vs. JCIT, Jaipur

In the result, the Grounds No

ITA 54/JPR/2017[2012-12]Status: DisposedITAT Jaipur04 Aug 2022AY 2012-12
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 234ASection 244ASection 36Section 36(1)(iii)Section 37(1)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, ‘’A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 54/JP/2017 fu/kZkj.k o"kZ@Assessment Year : 2012-13 cuke Allen Career Institute The JCIT CP-6, Indra Nagar Vs. Range-2 Kotas Kota LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAEFA 3972 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya, Advocate & Shri Dewang Gargieya, Advocate jktLo…

Allen Career Institute, Jaipur vs. JCIT, Kota

In the result, the appeal of the assessee is partly allowed

ITA 620/JPR/2016[2011-12]Status: DisposedITAT Jaipur04 Aug 2022AY 2011-12
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 36Section 36(1)(iii)Section 37(1)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, ‘’A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 620/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2011-12 cuke Allen Career Institute The JCIT CP-6, Indra Nagar Vs. Range-2 Kotas Kota LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAEFA 3972 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya, Advocate & Shri Dewang Gargieya, Advocate jktLo…

Allen Career Institute, Jaipur vs. JCIT, Kota

In the result, the appeal of the assessee is partly allowed

ITA 246/JPR/2015[2010-11]Status: DisposedITAT Jaipur04 Aug 2022AY 2010-11
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 234ASection 244ASection 36(1)(iii)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, ‘’A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 246/JP/2015 fu/kZkj.k o"kZ@Assessment Year : 2010-11 cuke Allen Career Institute The JCIT CP-6, Indra Nagar Vs. Range-2 Kotas Kota LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAEFA 3972 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya, Advocate & Shri Dewang Gargieya, Advocate jktLo…

Assistant Commissioner of Income Tax, Nashik vs. Govind Jaikrishna Dande & Sons, Nashik

In the result, the appeal filed by the Revenue stands dismissed

ITA 1001/PUN/2017[2013-14]Status: DisposedITAT Pune03 Aug 2022AY 2013-14
For Appellant: Shri Sanket Milind JoshiFor Respondent: Shri S. P. Walimbe
Section 139(5)Section 143(3)

…of law that the presence and absence of entries in the books of accounts do not determine the true nature of the transaction. Reference in this regard can be made to the decision of the Hon’ble Supreme Court in the case of Kedarnath Jute Mfg. Co. Ltd. vs. CIT 82 ITR 363 (SC). Further, it is not even the case of the Assessing Officer that the respondent-assessee firm had failed to discharge the primary onus lying upon it i.e. filing full details of the customers from whom gold was received under gold deposits scheme or for the purpose of making the ornaments. Without making any further enquiries, the Assessing Off…

Ttk Protective Devices Limited, Chennai vs. ACIT Corporate Circle 3(1), Chennai

The appeal stand allowed accordingly

ITA 1966/CHNY/2017[2013-14]Status: DisposedITAT Chennai03 Aug 2022AY 2013-14

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Vikram Vijayaraghavan (Advocate)-Ld. ARFor Respondent: Shri ARV. Sreenivasan (Addl. CIT) –Ld. DR
Section 143(3)

…in accordance with the provisions of the Act. It is trite law that book entries are not determinative of tax liability as per the ratio laid down in Sutlej Cotton Mills Ltd. v. CIT [1979] 116 ITR 1 (SC) as well as in Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971] 82 ITR 363 (SC). The said proposition has also been reiterated in CBDT Circular No.2 of 2001 dated 09.02.2001 which state that accounting standard issued by ICAI creating distinction between finance lease and operating lease will have no implications under the provisions of the Act. The relevant excerpt read as under: - "Under the Income-tax Act, in all leas…

Ttk Protective Devices Limited, Chennai vs. ACIT Corporate Circle 3(1), Chennai

The appeal stand allowed accordingly

ITA 1965/CHNY/2017[2011-12]Status: DisposedITAT Chennai03 Aug 2022AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Vikram Vijayaraghavan (Advocate)-Ld. ARFor Respondent: Shri ARV. Sreenivasan (Addl. CIT) –Ld. DR
Section 143(3)

…in accordance with the provisions of the Act. It is trite law that book entries are not determinative of tax liability as per the ratio laid down in Sutlej Cotton Mills Ltd. v. CIT [1979] 116 ITR 1 (SC) as well as in Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971] 82 ITR 363 (SC). The said proposition has also been reiterated in CBDT Circular No.2 of 2001 dated 09.02.2001 which state that accounting standard issued by ICAI creating distinction between finance lease and operating lease will have no implications under the provisions of the Act. The relevant excerpt read as under: - "Under the Income-tax Act, in all leas…

The Arvind Ltd, Ahmedabad vs. The ACIT., Circle-1, Ahmedabad

In the result, the appeal of the assessee is partly allowed

ITA 862/AHD/2012[2007-08]Status: DisposedITAT Ahmedabad15 Jul 2022AY 2007-08

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 862/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2007-2008 Arvind Ltd.(Earlier Known As Arvind A.C.I.T., Mills Ltd.), Vs. Circle-1, Naroda Road, Ahmedabad. Naroda, Ahmedabad.

For Appellant: Shri S.N. Soparkar, Sr. Advocate with Shri Parin Shah, A.RFor Respondent: Shri Vijay Kumar Jaiswal, CIT. DR
Section 115JSection 14A

…e of the fact whether the accounting treatment was given by the assessee while determining the total income. In this regard we draw support and guidance from the judgment of Hon’ble Supreme Court in the case of Kedarnath Jute Mfg. Co. Ltd. Vs. CIT reported in 82 ITR 363. The relevant extract of the judgment is reproduce hereunder; “Whether the assessee is entitled to a particular deduction or not will depend on the provision of law relating thereto and not on the view which the assessee might taken of its right nor can the existence or absence of entries in the books of account be decisive or conclusive in the ma…

ACIT, Circle- 47(1), New Delhi vs. Yogender Mohan Rustagi, New Delhi

In the result, both the appeals by the Revenue stand allowed for

ITA 5582/DEL/2017[2014-15]Status: DisposedITAT Delhi13 Jul 2022AY 2014-15
For Appellant: Shri D.P. Bansal, CAFor Respondent: Shri Abhishek Kumar, Sr. DR
Section 143(2)Section 271(1)(b)Section 68

…as under:- “…..Besides the true nature of amounts received or entries reflected, are to be determined by law not by the treatment reflected in the books or the understanding of the parties, as held by the Supreme Court in Kedarnath Jute Mfg. Co. Ltd. Vs. CIT 82 ITR 363…… ". 14. He noted that inflated figures are not chargeable to tax under law and that too where no deficiency has been found in any transaction entered into during the year under consideration on trading result declared by the assessee which has been accepted by the AO. That for AY 2012-13 being the immediate preceding assessment year, assessm…

ACIT, Circle-47(1), New Delhi vs. Yogender Mohan Rustogi, Delhi

In the result, both the appeals by the Revenue stand allowed for

ITA 5045/DEL/2017[2013-14]Status: DisposedITAT Delhi13 Jul 2022AY 2013-14
For Appellant: Shri D.P. Bansal, CAFor Respondent: Shri Abhishek Kumar, Sr. DR
Section 143(2)Section 271(1)(b)Section 68

…as under:- “…..Besides the true nature of amounts received or entries reflected, are to be determined by law not by the treatment reflected in the books or the understanding of the parties, as held by the Supreme Court in Kedarnath Jute Mfg. Co. Ltd. Vs. CIT 82 ITR 363…… ". 14. He noted that inflated figures are not chargeable to tax under law and that too where no deficiency has been found in any transaction entered into during the year under consideration on trading result declared by the assessee which has been accepted by the AO. That for AY 2012-13 being the immediate preceding assessment year, assessm…

Interactive Avenues Pvt. Limited, Mumbai vs. DCIT 14(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3130/MUM/2019[2015-16]Status: DisposedITAT Mumbai07 Jul 2022AY 2015-16

Bench: Us :-

Section 143(3)Section 40

…that the entries in the books of accounts are not determinative of taxable income of an assessee. Reliance in this regard is placed on the celebrated decision of the Hon’ble Supreme Court in the case of Kedarnath Jute Manufacturing Co. Ltd vs CIT reported in 82 ITR 363 (SC) ; Taparia Tools Ltd vs JCIT reported in 372 ITR 605 (SC), among others. 3.7. We find that the ld. CIT(A) says that assessee is a dependent agent of Facebook and hence there is an obligation to deduct tax at source. We find that assessee is an agent of Indian advertisers and assessee is not an agent of Facebook Ireland. We are unable to persu…

M/S Sundaram Infotech Solutions Limited (Merged With Sundaram Finance Limited), Chennai vs. ACIT Corporate Circle 6 (2), Chennai

The appeal stand partly allowed in terms of our above order

ITA 2517/CHNY/2019[2014-15]Status: DisposedITAT Chennai06 Jul 2022AY 2014-15

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri. R. Vijayaraghavan (Advocate) – Ld. ARFor Respondent: Shri G. Johnson (Addl. CIT) –Ld. DR
Section 143(3)

…in accordance with the provisions of the Act. It is trite law that book entries are not determinative of tax liability as per the ratio laid down in Sutlej Cotton Mills Ltd. v. CIT [1979] 116 ITR 1 (SC) as well as in Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971] 82 ITR 363 (SC). The said proposition has also been reiterated in CBDT Circular No.2 of 2001 dated 09.02.2001 which state that accounting standard issued by ICAI creating distinction between finance lease and operating lease will have no implications under the provisions of the Act. The relevant excerpt read as under: - "Under the Income-tax Act, in all leas…

M/S Sundaram Infotech Solutions Limited (Merged With Sundaram Finance Limited), Chennai vs. ACIT Corporate Circle 6 (2), Chennai

The appeal stand partly allowed in terms of our above order

ITA 2516/CHNY/2019[2012-13]Status: DisposedITAT Chennai06 Jul 2022AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri. R. Vijayaraghavan (Advocate) – Ld. ARFor Respondent: Shri G. Johnson (Addl. CIT) –Ld. DR
Section 143(3)

…in accordance with the provisions of the Act. It is trite law that book entries are not determinative of tax liability as per the ratio laid down in Sutlej Cotton Mills Ltd. v. CIT [1979] 116 ITR 1 (SC) as well as in Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971] 82 ITR 363 (SC). The said proposition has also been reiterated in CBDT Circular No.2 of 2001 dated 09.02.2001 which state that accounting standard issued by ICAI creating distinction between finance lease and operating lease will have no implications under the provisions of the Act. The relevant excerpt read as under: - "Under the Income-tax Act, in all leas…

M/S Sundaram Infotech Solutions Limited (Merged With Sundaram Finance Limited), Chennai vs. ACIT Corporate Circle 6 (2), Chennai

The appeal stand partly allowed in terms of our above order

ITA 2515/CHNY/2019[2011-12]Status: DisposedITAT Chennai06 Jul 2022AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri. R. Vijayaraghavan (Advocate) – Ld. ARFor Respondent: Shri G. Johnson (Addl. CIT) –Ld. DR
Section 143(3)

…in accordance with the provisions of the Act. It is trite law that book entries are not determinative of tax liability as per the ratio laid down in Sutlej Cotton Mills Ltd. v. CIT [1979] 116 ITR 1 (SC) as well as in Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971] 82 ITR 363 (SC). The said proposition has also been reiterated in CBDT Circular No.2 of 2001 dated 09.02.2001 which state that accounting standard issued by ICAI creating distinction between finance lease and operating lease will have no implications under the provisions of the Act. The relevant excerpt read as under: - "Under the Income-tax Act, in all leas…

M/S Noorani Properties (P) Ltd vs. The Commissioner of Wealth Tax

Appeals are allowed

WTA/11/2016HC Karnataka30 Jun 2022

Bench: P.S.DINESH KUMAR,ANANT RAMANATH HEGDE

Section 27

…hrough legal heirs12 • Suraj Lamp and Industries Pvt. Ltd Vs. State of Haryana and another13 7 ITA 3209/2005 c/w. 3165/2005 decided on 20.06.2011 8 ITA No. 591/2008 decided on 18.08.2014 9 [1971] 82 ITR 363 (SC) 10 1954 AIR (SC) 340 11 [1978] 113 ITR 22 (Guj) 12 [2019] 410 ITR 306 (Kar) 13 [2012] 340 ITR 1 (SC) W.T.A No.11 OF 2016 C/W W.T.A NO.9 OF 2016 W.T.A…

Deputy Commissioner of Income-Tax, Circle 1(1), Pune vs. M/S. Bank of Maharashtra, Pune

The appeals are dismissed

ITA 596/PUN/2020[2015-16]Status: DisposedITAT Pune30 Jun 2022AY 2015-16

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2015-16 Bank Of Maharashtra Vs. Dcit, Circle 1501, Lokmangal, Shivajinagar, 1(1), Pune Pune – 411005 Pan : Aaccb0774B Appellant Respondent निर्धारण वषा / Assessment Year : 2015-16 Dcit, Circle Vs. Bank Of Maharashtra 1(1), Pune 1501, Lokmangal, Shivajinagar, Pune – 411005 Pan : Aaccb0774B Appellant Respondent

Section 115JSection 143(3)Section 36Section 36(1)(viia)Section 37

…n-fact, this aspect of the controversy has also been answered by the Hon‟ble Karnataka High Court in the case of Corporation Bank Ltd. (supra) by relying on the judgement of the Hon‟ble Supreme Court in the case of Kedarnath Jute Mfg. Co. Ltd. vs. CIT, (1971) 82 ITR 363 (SC). Therefore, we do not find any merits in the above objection of the Revenue. Moreover, the plea of the learned CIT-DR that nature of HTM securities is distinct from AFS and HFT securities and thus HTM securities are not stock-in-trade, is quite wrong. It cannot be denied that the securities held by the bank are stock-in-trade. Another plea of…