Southern Technologies Ltd. v. JCIT

320 ITR 577Supreme Court of India2010#216 most cited

What is Southern Technologies Ltd. v. JCIT authority for?

The case concerns the allowability of deductions for provisions made under Section 36 of the Income Tax Act, 1961, especially those related to bad and doubtful debts. It distinguishes such deductions from the recognition of interest income on non-performing assets (NPAs).

353

judgments rely on this decision, according to BharatTax’s citation analysis of 367,164 Indian tax judgments — from 2010 to 2026.

Also referred to as

Southern Technologies Ltd. v. JCIT · Section 36 deduction · provision for bad and doubtful debts · Section 36(1)(viia) · Section 36(1)(vii) · allowability of provision · MAT section 115JB · non-performing assets · profits and gains of business or profession · bad debt deduction conditions · Income Tax Act 1961

Issues it is cited on

Judgments citing Southern Technologies Ltd. v. JCIT

ACIT, Cir-11(2), Kolkata vs. M/S Srei Infrastructure Finance Ltd., Kolkata

In the result, the appeal filed by the assessee and Revenue are allowed to the extent indicated above

ITA 2003/KOL/2016[2011-12]Status: DisposedITAT Kolkata31 Dec 2019AY 2011-12

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Srei Infrastructure Finance Ltd. Vs. Addl. Cit, Range-9, New Delhi D-2, 6Th Floor, Southern Park, Saket Place, New Delhi-110017. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Assessee) .. (Revenue/Department) Addl. Cit, Range-9, New Delhi Vs. Srei Infrastructure Finance Ltd. D-2, 6Th Floor, Southern Park, Saket Place, New Delhi-110017. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Respondent) .. (Appellant) Srei Infrastructure Finance Ltd. Vs. Dcit, Circle-11(2), Kolkata 86C, Vishwakarma, Topsia Road(South), Kolkata-700046. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Appellant) .. (Respondent) Acit, Circle-11(2), Kolkata Vs. Srei Infrastructure Finance Ltd. 86C, Vishwakarma, Topsia Road(South), Kolkata-700046. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Respondent) .. (Appellant)

For Appellant: Shri Vijay Shah & Amit Agarwal, ARFor Respondent: Shri Radhey Shyam, CIT
Section 143(3)Section 14A

…rovision for non performing assets (NPA) as per the Prudential Norms of the Reserve Bank of India (RBI). The said provision has been claimed as deduction in computing the total income. The Supreme Court in a recent case of Southern Technologies Ltd. vs. JCIT (320 ITR 577- SC) has held that “Provision for NPA” made in terms of the RBI directions does not constitute expense for purposes of section 36(1)(vii) and thus the same is not allowable. Further, the Supreme Court has also ruled that deduction can also not be claimed u/s 37(1) of the Act. In view of the aforesaid decision of the Supreme Court, provision for N…

Srei Infrastructure Finance Limited, Kolkata vs. DCIT, Circle-11(2), Kolkata

In the result, the appeal filed by the assessee and Revenue are allowed to the extent indicated above

ITA 1821/KOL/2016[2011-12]Status: DisposedITAT Kolkata31 Dec 2019AY 2011-12

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Srei Infrastructure Finance Ltd. Vs. Addl. Cit, Range-9, New Delhi D-2, 6Th Floor, Southern Park, Saket Place, New Delhi-110017. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Assessee) .. (Revenue/Department) Addl. Cit, Range-9, New Delhi Vs. Srei Infrastructure Finance Ltd. D-2, 6Th Floor, Southern Park, Saket Place, New Delhi-110017. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Respondent) .. (Appellant) Srei Infrastructure Finance Ltd. Vs. Dcit, Circle-11(2), Kolkata 86C, Vishwakarma, Topsia Road(South), Kolkata-700046. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Appellant) .. (Respondent) Acit, Circle-11(2), Kolkata Vs. Srei Infrastructure Finance Ltd. 86C, Vishwakarma, Topsia Road(South), Kolkata-700046. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Respondent) .. (Appellant)

For Appellant: Shri Vijay Shah & Amit Agarwal, ARFor Respondent: Shri Radhey Shyam, CIT
Section 143(3)Section 14A

…rovision for non performing assets (NPA) as per the Prudential Norms of the Reserve Bank of India (RBI). The said provision has been claimed as deduction in computing the total income. The Supreme Court in a recent case of Southern Technologies Ltd. vs. JCIT (320 ITR 577- SC) has held that “Provision for NPA” made in terms of the RBI directions does not constitute expense for purposes of section 36(1)(vii) and thus the same is not allowable. Further, the Supreme Court has also ruled that deduction can also not be claimed u/s 37(1) of the Act. In view of the aforesaid decision of the Supreme Court, provision for N…

Adarniya P.D. Patilsaheb Sahakari Bank Ltd., Satara vs. Assistant Commissioner of Income-Tax, Satara

In the result, the appeal of the assessee is dismissed

ITA 801/PUN/2017[2013-14]Status: DisposedITAT Pune19 Nov 2019AY 2013-14

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.801/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Adarniya P.D. Patilsaheb Sahakari Bank Ltd., 15/3/C, Mangalwar Peth, Tilak Road, Karad, Satara-415110. .......अपीलाथ" / Appellant Pan : Aaajs0147E बनाम / V/S. Acit, Satara Circle, ……""यथ" / Respondent Satara. Assessee By : Shri M. K. Kulkarni Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 18.11.2019 घोषणा क" तारीख / Date Of Pronouncement : 19.11.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-4, Pune Dated 23.01.2017 For The Assessment Year 2013-14. 2. The Effective Ground Raised By The Assessee Is As Under :- “1) On The Facts & In The Circumstances Of The Case & In Law The Ld. Cit(A) Was Not Justified In Sustaining The Addition Made By The A. O. Of Rs. 4,40,000/- On Account Of Rejection Of Claim Of Deduction Of Provision For Depreciation On Standard Assets (Bddr). Such Provisions Are Being Annually Made As Per Mandatory Directions Of The Reserve Bank Of India Issued Under S. 45E? Of The Rbi Act, 1934. The Direction Are For To Compensate The Sudden Erosion Of The Assets Of The Bank With A View To Improve The Financial Health Of The Banks. The Claim Be Allowed To The Assessee.”

For Appellant: Shri M. K. KulkarniFor Respondent: Shri S. P. Walimbe
Section 36(1)(viia)

…fficer disallowed the same on the ground that it was only a contingent liability which cannot be allowed. The CIT(A) also sustained the disallowance following the judgment of the Hon’ble Supreme Court in the case of Southern Technologies Ltd. vs. JCIT, (2010) 320 ITR 577 (SC). 4. On hearing both the sides, we find it is undisputed fact that the impugned claim is disallowable “Contingent Provision” made on the basis of a percentage on the value of standard assets. The Provision does not reflect any particular debt which is doubtful or bad and it is only a general and non-specific Provision and it has been rightly…