DCIT, Tirunelveli vs. Tirunelveli District Central Coop Bank Ltd., Tirunelveli
In the result, the appeal filed by the Revenue is allowed
ITA 1177/CHNY/2017[2013-14]Status: DisposedITAT Chennai27 Sept 2017AY 2013-14
Bench: Shri Sanjay Arora & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.1177/Mds/2017 "नधा"रण वष"/Assessment Year:2013-14 The Deputy Commissioner Of M/S. Tirunelveli District Central Income Tax, Circle 1, Vs. Co-Op. Bank Ltd., Tirunelveli. Tirunelveli [Pan:Aaaat7955J] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri Asish Tripathi, Jcit ""यथ" क" ओर से/Respondent By : Shri C. Maruthappan, C.A. सुनवाई क" तार"ख/ Date Of Hearing : 25.07.2017 घोषणा क" तार"ख /Date Of Pronouncement : 27.09.2017 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 3, Madurai Dated 14.02.2017 Relevant To The Assessment Year 2013-14. The Only Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Has Erred In Deleting The Disallowance Of ₹.38,67,983/- Made Under Section 36(1)(Viia) Of The Income Tax Act, 1961 [“Act” In Short].
For Appellant: Shri Asish Tripathi, JCITFor Respondent: Shri C. Maruthappan, C.A
Section 143(2)Section 36(1)(viia)
…and, is a charge against profit, based on a realistic estimate (by the Management) of the risk of non-realization of the debt/s, to that extent and, thus, identifiable with reference to specific debts. As explained in Southern Technologies Ltd. v. JCIT (2010) 320 ITR 577 (SC), even a provision for NPAs (as classified under the RBI Prudential norms), will not by itself qualify for deduction under section 36(1)(vii) or section 36(1)(viia) of the Act. NPAs is a broader category of classification as per the RBI norms, and includes assets (debts) which are not doubtful for recovery, viz. sub-standard assets. In fact,…